Note: Prior history: Code 1980 §§ 8.17.010—8.17.280 and Ord. Nos. 265, 809, 838 and 870.
For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that a different meaning was intended:
"Animal waste"
means manure or any form of solid excrement produced by any and all forms of domestic animals or commercial livestock.
"Authorized collector"
means a solid waste enterprise operating under the provisions of a collection agreement approved by the city council.
"Bin"
means a metal container with hinged lids and wheels with a capacity of less than 10 cubic yards.
"Bulky item"
means any large item that would not typically be accommodated within a cart, including, but not limited to, appliances and furniture. Bulky items do not include car bodies, car parts, construction and demolition debris or items requiring more than two persons to move.
"Cart"
means a plastic container with a hinged lid and wheels serviced by an automated or semi-automated truck with a capacity of no less than 32 and no greater than 101 gallons.
"City"
means the City of Rancho Cucamonga.
"City clerk"
means the city clerk of the city, or designee.
"City council"
means the city council of the city.
"City manager"
means the city manager of the city, or designee.
"Collection agreement"
means an agreement approved by the city council pursuant to section 8.17.040 of this chapter, authorizing a solid waste enterprise to provide solid waste and recyclables collection services within all or any part of the territory of the city.
"Commercial premises"
means, for the purposes of this chapter, all commercial and industrial sites, including, but not restricted to, retail and wholesale stores, factories, service shops, hospitals, convalescent homes, hotels, motels, restaurants, and office complexes, however, not including residential premises.
"Construction and demolition waste"
shall have the meaning ascribed in section 8.19.020.
"Container"
means any and all types of solid waste containers, including cans/barrels, carts, bins and roll-off boxes.
"Engineering services department" or "ESD"
means the engineering services department of the city.
"ESD director"
means the engineering services department director, or designee.
"E-waste"
means any electronic product nearing or at the end of its useful life, including, but not limited to, computers and their components, televisions, VCRs, stereos, copiers and fax machines.
"Food waste"
means all kitchen and table scraps; animal and vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; discarded paper that is contaminated with food waste; fruit waste, grain waste, dairy waste, meat and fish waste.
"Green waste"
means tree and shrubbery trimmings, vegetation matter resulting from land clearing, grass cuttings, weeds, straw, leaves, wood chips, sawdust, garden organic materials and other discarded plant or vegetation material.
"Hazardous waste"
means a waste, or combination of waste which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may do either of the following:
A. 
Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or
B. 
Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed.
The term "hazardous waste" includes, but is not limited to, universal waste and medical waste.
"Occupants"
means and includes every owner of, and every tenant or person who is in possession of, is the inhabitant of, or has the care and control of, an inhabited residence or commercial premises.
"Organic materials" or "organics"
means food waste and green waste, collectively or individually.
"Person"
means any individual, firm, corporation, association, or group or combination acting as a unit.
"Recyclables" or "recyclable materials"
means solid waste that is source separated, has some potential eco-nomic value, and is set aside, handled, packaged, or offered for collection in a manner different from refuse in order to allow it to be processed for recycling. The term "recyclables" does not include refuse or hazardous waste.
"Recycling"
means the process of collecting, sorting, cleansing, treating, and reconstituting solid waste that would otherwise be subject to disposal in a landfill, and returning it to the economic mainstream in the form of raw materials for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.
"Refuse"
means and includes any and all putrescible and non-putrescible solid and semi-solid waste, including, but not limited to, garbage, solid waste matter, trash, ashes, industrial wastes, animal wastes, vegetable solid and semi-solid wastes and combustible and noncombustible wastes. The term "refuse" does not include source separated recyclable materials, source separated organic materials, construction and demolition debris, bulky items, hazardous or household hazardous waste, E-waste, universal waste, medical waste, sharps, low level radioactive waste, or green waste.
"Residential premises"
means each place used for residential purposes, including, but not restricted to: single-family dwellings, multi-family dwellings, apartments, condominiums, townhouses, mobile home parks, and trailer courts, whether or not utilizing dumpster-type bins, however, not including hospitals, convalescent homes, hotels and motels.
"Roll-off box"
means solid waste collection containers of 10 yards or larger.
"Scavenging"
means the unauthorized collection, removal, or possession of solid waste intended for collection by the city, authorized collector or authorized recycling agent.
"Sharps"
includes, but is not limited to, home-generated hypodermic needles, pen needles, syringes, intravenous needles and lancets.
"Solid waste"
means all discarded putrescible and non-putrescible solid and semi-solid wastes including refuse, recyclable materials, organic materials, construction and demolition debris, bulky items, and any combination thereof which are permitted for disposal of in a Class III landfill, and which are included in the definition of the non-hazardous solid waste set forth in the California Code of Regulations.
"Solid waste collector"
means any solid waste enterprise engaged in the collection, transportation and/or disposal of refuse, recyclables and/or organic waste in the city.
"Solid waste enterprise"
means any individual, partnership, joint venture, unincorporated private organization, or private corporation which is regularly engaged in the business of providing solid waste, recyclables, and organics collection services.
"Solid waste, recyclables, and organics collection services"
means the collection, storage, or transfer of solid waste.
"Streets"
means the public streets, ways and alleys, except state freeways, as the same now or may hereafter exist within the city.
"Truck"
means any truck, trailer, semitrailer, conveyance or vehicle used or intended to be used for the purpose of collecting refuse, recyclables or organics, or to haul or transport refuse, recyclables or organics.
"Universal waste"
means discarded consumer products containing mercury, lead, cadmium and other substances that are hazardous to human health and the environment, including, but not limited to, batteries and fluorescent tubes.
(Ord. No. 941 § 1, 2018)
The city council may authorize, by contract, one or more solid waste enterprises to provide solid waste and recyclables collection services for residential and commercial/industrial users or customers, including, but not limited to, the collection of construction and demolition waste. In the sole discretion of the city council, the solid waste, recyclables, and organics collection services may be authorized on an exclusive or non-exclusive basis, and with or without competitive bidding, and may relate to any class or type of solid waste within all or any part of the territory of the city.
No person or business shall collect or dispose of solid waste in the city unless that person has entered into a collection agreement with the city, except as otherwise specifically provided in this chapter or franchise agreement, and irrespective of any permit issued by any other governmental agency authorizing collection of solid waste, recyclables, or organics. Any such collection agreement shall be in addition to any business license or permit otherwise required by this code. Authorized collectors operating in the city on the effective date of the ordinance codified in this chapter under a non-exclusive collection agreement may continue to operate only until the rights thereunder are terminated or revoked, or until such rights expire pursuant to the provisions of section 49520 of the Public Resources Code.
(Ord. No. 941 § 1, 2018)
A. 
The terms and provisions of any collection agreement for solid waste and recyclables collection services may relate to or include, without limitation, such requirements, conditions, policies and procedures as may be mutually agreed upon by the parties to the collection agreement and which will, in the judgment and discretion of the city council, best serve the public interest and protect the public health, safety and welfare.
B. 
Each authorized collector with a collection agreement shall pay a collector fee in an amount set forth in the collection agreement.
C. 
In the event of any conflict between the provisions of a collection agreement which is authorized and approved by the city council and the provisions of this chapter, the provisions of the collection agreement shall control.
D. 
Every authorized collector shall obtain and maintain at all times during the authorized collector's operations a business license issued by the city, and all applicable permits and licenses required by any public agency having jurisdiction.
(Ord. No. 941 § 1, 2018)
It is unlawful for any person to collect or transport solid waste (as defined in section 8.17.020) within the city unless such person is an authorized collector, as defined in this chapter, or is exempted as outlined in subsections A through E below. It is unlawful for any person to permit, allow or enter into any agreement whatsoever for the collection or transportation of solid waste from any residential premises, commercial premises, or construction or demolition project with any person who is not an authorized collector as herein defined except as permitted in subsections A through E below.
Medical waste (as defined in the Medical Waste Management Act, Health and Safety Code section 117600 et seq., as amended from time to time, or any successor provision or provisions thereto) shall not be collected by an authorized collector. Anyone producing or possessing medical wastes shall store, handle and dispose of such materials only in the manner approved by the county health officer or designated deputy, and in accordance with the Health and Safety Code.
The collection or transport of the following are exempt from the obligation to utilize an authorized collector:
A. 
The collection and removal of recyclables for donation or sale by the owner or occupant of a residential or commercial premises that are separated either for reuse, for processing at recycling facilities, or for manufacture of new products. No cost or fees of any sort, including those for hauling, processing, sorting, or use of containers may be charged by the recycler, non-profit, or agency collecting the recyclables.
B. 
The occasional removal and disposal of solid waste from a residential or commercial premises by the occupant or owner thereof.
C. 
Nothing in this chapter shall prevent any occupant from regularly collecting and disposing of solid waste generated in or on the occupant's premises, as an alternative to receiving, and paying for solid waste collection services from an authorized collector; provided, however, that such occupant shall comply with all other provisions of this chapter applicable to occupants. No occupant shall employ or engage any solid waste enterprise, other than an authorized collector, to haul or transport refuse from the occupant's premises. Any occupant desiring to collect and dispose of solid waste generated in or on his or her premises ("self-haul"), must first obtain a self-haul permit from the city, renewed annually, and pay the annual self-haul permit fee in an amount established by resolution of the city council. Each occupant issued a self-haul permit must dispose of the solid waste at the occupant's expense, at a landfill, transfer station or processing facility meeting all applicable regulatory requirements. Each occupant issued a self-haul permit shall, every six months, file with the city manager a report detailing the quantity and nature of all solid waste removed from the occupant's premises. The report shall be delivered to the city manager on or before January 1 and July 1 of each year for the immediately preceding six-month period. The report shall identify the waste disposal or processing facility utilized by the occupant and shall include copies of all receipts evidencing disposal or delivery issued by such disposal or processing facility during the six-month period. A failure to file any required report is a violation of this chapter, punishable as an infraction or by administrative penalty as provided in this code.
D. 
The self-hauling of construction and demolition debris from a job site by a contractor, with an approved construction and demolition self-haul permit, subject to the provisions of section 8.19.090.
E. 
The collection and removal of green waste by individual residents, property owners and businesses, including, but not limited to, professional landscapers, weed abatement contractors or arborists, when the collection is directly related to their work.
(Ord. No. 941 § 1, 2018)
A. 
It is unlawful for any person other than an authorized collector to remove or otherwise handle any solid waste contained in any solid waste container that has been placed curbside or elsewhere, for collection by an authorized collector, without the prior written consent of the authorized collector, or the property owner, tenant or agent thereof having exclusive use of such container.
B. 
Any person violating any provision of this section shall be guilty of an infraction. In addition, the violation of any of the provisions of this section shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.
(Ord. No. 941 § 1, 2018)
In emergencies, such as the breakdown of equipment, or other unforeseen or unpreventable circumstances, where, in the judgment of the city manager, the particular situation justifies such action, the city manager may issue limited or temporary permits to private persons or corporations to perform any of the services regulated by this chapter, subject to such reasonable fees, charges and conditions as the circumstances may warrant and as the parties involved may agree upon; provided that such fees and charges received from or paid to any private persons or corporations under this section for any period exceeding 15 days' duration shall be approved by the city council.
(Ord. No. 941 § 1, 2018)
A. 
Authorized collectors shall not collect solid waste within a residential area between the hours of 6:00 p.m. and 7:00 a.m. the following day.
B. 
Authorized collectors shall not collect solid waste from a commercial premises in close proximity to a residential area between the hours of 6:00 p.m. and 7:00 a.m. the following day or in a manner which reasonably would cause a noise disturbance to a residential area. All other solid waste collections may take place at any time, unless limited by the city manager.
(Ord. No. 941 § 1, 2018)
A. 
It shall be the duty of every owner, tenant, lessee or occupant of a residential premises to deposit refuse, recyclables and organics in the containers designated for refuse, recyclables and organics collection provided by the authorized collector. All refuse, recyclables and organics accumulated between collection days shall be contained and stored within watertight metal or heavy gauge plastic containers approved by the city, with a tight-fitting, closed lid to prevent leakage prior to collections. Each owner, tenant, lessee or occupant shall keep the exterior of all designated containers, including lids, clean from accumulated grease or decomposing materials and shall keep the storage area for all designated containers clean and clear of loose materials or bulky items.
B. 
All containers shall be stored out of public view, except on collection day or when placed out for collection pursuant to section 8.17.100.
C. 
Containers shall be kept in enclosures as approved by the city.
(Ord. No. 941 § 1, 2018)
A. 
It shall be the duty of every owner, tenant, lessee or occupant of a residential premises to set out or place containers for the collection of solid waste, recyclables and organics, as follows: Any container for the purpose of collection and removal of solid waste, recyclables and organics from residential premises shall be placed at the curb in front of the premises occupied by the person depositing the same, there to be collected by the authorized collector, provided that the authorized collector may designate some other location for the placement of containers when such placement will expedite collection. Containers must be placed at least three feet from any obstruction, including, but not limited to, street lights, mail boxes, and parked vehicles.
B. 
Containers shall be placed no further than 10 feet from the curb line of a public street, or, if there is no such curb, no further than 10 feet from the paved portion of the public street; in the event the container is to be collected from a public alley, the container shall be placed within 10 feet of the edge of the right-of-way of the alley.
C. 
In no case shall any container be placed within the public right-of-way or any place that would create a hazardous situation as deemed by the city manager.
D. 
Property owners must obtain a right-of-way permit from the engineering services department prior to placing containers for temporary service for the purpose of collecting solid waste, recyclables, organics and/or construction or demolition debris in the public right-of-way.
(Ord. No. 941 § 1, 2018)
A. 
No person shall place, or cause to be placed, any solid waste, recyclables or organics, or any container or container for solid waste, recyclables and organics, in any public highway or in any place or in any manner other than hereinabove provided, or at any time other than the days established by the city for the collection of such solid waste on the particular route involved, any earlier than sunset of the day preceding the day designated for collection; and all containers shall be removed from the place of collection prior to 8:00 p.m. of the day the containers have been emptied. At all other times, containers for solid waste, recyclables and organics shall be stored out of public view in accordance with section 8.17.090(B).
B. 
Each owner, occupant, tenant or lessee of a residential premises shall maintain the same in a sanitary condition. If the container should not be emptied and the contents removed on the date and time scheduled by the authorized collector, they should immediately notify the authorized collector or the city; and it shall be the duty of the authorized collector to forthwith arrange for the collection and disposal of the refuse.
C. 
Solid waste and bulky items which exceed the limitations hereinabove set out may, in the discretion of the authorized collector, be scheduled for special collection upon the application of the occupant of the premises. Special collection charges may be assessed by the authorized collector for this service with prior approval of abovementioned occupant of the premises.
D. 
No person, other than the owner thereof, the owner's agents or employees or an officer or employee of the city or an authorized collector's agents or employees authorized for such purposes, shall tamper or meddle with any solid waste, recycling, or organics container or the contents thereof, or remove the contents of any container, or remove any container from the location where the same shall have been placed by the owner thereof or owner's agent.
E. 
Subject to the authorizations and exceptions under section 8.17.050, it is unlawful for any person to place or leave standing a container not provided by an authorized collector on any public or private property within the city for the purpose of collection and disposal of solid waste. Collection containers unlawfully placed within the city are considered a public nuisance and shall be subject to removal pursuant to the process identified below and enforcement as stipulated in section 1.12.030.
F. 
The city manager may cause the posting of a notice to remove, as described below, in a conspicuous place on any collection containers placed on any public or private property within the city in violation of this section. A notice to remove posted pursuant to the provisions of this section shall specify the nature of the violation and shall state that the collection containers must be removed within 24 hours or they may be removed and stored by the city, and the contents disposed of, at the expense of the solid waste container's owner thereof. The posting of a notice to remove shall constitute constructive notice to the owner and user of the requirement to remove the collection container.
G. 
If the collection containers are not removed within 24 hours after the notice to remove is posted, the city manager may direct the removal and storage of the collection containers and the disposal of their contents. The owner of the collection container shall be liable to reimburse the city for the actual costs of removal and storage of the collection container, for disposal of its contents, for the cost of posting the notice, and for any administrative fees that would be owed to the city. All amounts due to the city must be paid before the collection container may be returned to the owner. Such amounts shall constitute a civil debt owed by the owner of the collection container to the city, and the owner shall be liable for any legal costs and fees resulting from any action brought by the city for the recovery of such amounts. Failure to respond to the notice to remove is a misdemeanor and punishable by fine and/or imprisonment as identified in section 1.12.010.
H. 
After the city has removed a collection container, the city manager shall promptly cause notice to be mailed to the owner to claim the stored property. If the collection container is not claimed and all due fees and costs paid within 15 days after notification is mailed to the owner, the collection container and its contents shall be deemed abandoned property and may be disposed of accordingly. If the contents of the collection container include the presence of biodegradable wastes, hazardous constituents, or other environmental or sanitary threats, the city manager may order the immediate appropriate disposition of the contents so as to protect the public's health and safety, and the container's owner shall be liable for the costs and fees of disposal. If the owner of the unlawfully placed container is unknown and no party responds to the notice to remove, the city manager shall deem the container and its contents as abandoned property and dispose of it accordingly.
I. 
After a collection container has once been removed by the city pursuant to a notice to remove, the owner thereof shall be deemed to have actual notice of the provisions of this section, including the prohibition of placement of collection containers by any person other than those authorized or exempted under this section. In the event of a subsequent placement of a collection container owned by the same owner, the city manager may immediately, without the posting of the notice of removal, direct the removal and storage of the unlawfully placed collection container and shall, in such case, give notice to the owner to claim the collection container.
(Ord. No. 941 § 1, 2018)
All refuse created, produced or accumulated in or about a residential premises or commercial premises in the city shall be removed from the premises at least once each week. It is unlawful and a misdemeanor for the occupant of any of the above-described premises to fail or neglect to provide for the removal of refuse at least as often as prescribed in this section. Each day's violation of this section shall be treated and considered as a separate and distinct offense.
The city manager may require a greater number of collections per week upon finding that an unhealthy, unsightly, or public nuisance condition is created. In such an event, the customer shall be required to pay for the additional service at the current fee schedule.
(Ord. No. 941 § 1, 2018)
A. 
The removal of wearing apparel, bedding or other refuse from residential premises, as defined in section 8.17.020, or other places where highly infectious or contagious diseases have been present, shall be performed under the supervision and direction of the county health officer and such refuse shall neither be placed in containers nor left for regular collection and disposal.
B. 
Highly flammable or explosive or radioactive refuse shall not be placed in containers for regular collection and disposal, but shall be removed under the supervision of the city and/or the fire district at the expense of the owner or possessor of the material.
C. 
Refuse and recyclables containing water or other liquids shall be drained before being placed in a container.
D. 
No hazardous waste, universal waste, medical waste, sharps, battery acid, poisonous, caustic or toxic material or any other substance capable of damaging clothing or causing injury to a person shall be mixed or placed with any refuse, recyclables or organics which is to be collected, removed or disposed of by an authorized collector. Such items shall be removed at the occupant's expense only after arrangements have been made with the authorized collector or city for such removal.
(Ord. No. 941 § 1, 2018)
No person shall burn, bury or dump refuse, recyclables or organics within the city at any time, unless a special permit for such burning, burial or dumping has been issued pursuant to authority conferred by the city council, and/or the fire district.
(Ord. No. 941 § 1, 2018)
A. 
No person shall place in any container identified for recyclables or organic materials any material that would inhibit its recyclability or compostability. The containers designated for recyclables or organics shall be used only for recyclables or organics and no other material.
B. 
If, upon inspection by the authorized collector or city staff, it is determined that the recycling or organics collection container is contaminated, it shall be red-tagged with a warning notice; and the container shall not be collected. If the customer wishes to have a return collection prior to the next scheduled collection day, the customer shall be charged the special collection fee established in the current rate schedule. After the first warning, customers will be charged a contamination fee as established in the current rate schedule, and the container will not be serviced as recyclable; it will be subsequently serviced as trash. The contamination fee will be automatically assessed if hazardous or biohazardous materials are placed in any collection container.
C. 
The city manager has the authority to order the removal of a recycling or organics collection container if a customer continues to contaminate a recycling or organics collection container after receiving three contamination notices.
(Ord. No. 941 § 1, 2018)
No person shall store or accumulate any refuse at any residential premises or commercial premises in any container or at any location other than as hereinabove set forth, or for a period of time in excess of seven days, provided that if a holiday occurs during that period, the period shall be extended one additional day.
(Ord. No. 941 § 1, 2018)
A. 
Except as otherwise provided in this chapter, each occupant shall utilize the services of an authorized collector for the collection of solid waste from a residential or commercial premises of such occupant, and shall pay collection fees to the authorized collector as set by the authorized collector and authorized by resolution of the city council. The obligation of each occupant to pay such solid waste collection fees shall be a civil debt due and owing to the authorized collector, from the occupant to whom the collection services are made available. Every person or property owner required to arrange for solid waste collection or the collection of recyclables or organics shall be liable for the fees and charges for such collection, whether or not collection services are utilized, except as otherwise provided in this chapter. A failure to make timely payment constitutes a violation of this chapter. All revisions in collection fees sought to be imposed by an authorized collector must be submitted to the city council for review and must be approved by resolution of the city council following a public hearing upon which no less than 10 days' prior written notice has been provided to the property owner.
B. 
Lien authorized.
1. 
Pursuant to Government Code sections 38790.1 and 25831, charges for solid waste collection services furnished on behalf of the city by an authorized collector that remain delinquent for a period of at least 60 days shall constitute a lien against the parcel of land for which the refuse collection services were provided. At least once each year, the city council shall cause to be prepared a report of delinquent fees. The city council shall fix a time, date, and place for hearing the report and any objections or protests to the report. The city council shall cause notice of the hearing to be mailed to the property owners listed on the report, not less than 10 days prior to the date of the hearing. At the hearing, the city council shall hear any objections or protests of property owners liable to be assessed for delinquent fees. The city council may make revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.
2. 
The delinquent fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of the delinquent fees. A certified copy of the confirmed report shall be filed with the county auditor for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien created attaches upon recordation of a certified copy of the resolution of confirmation in the office of the county recorder. The assessment may be collected at the same time and in the same manner as ordinary county ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for those taxes.
3. 
All laws applicable to the levy, collection, and enforcement of county ad valorem property taxes shall be applicable to the assessment, except that if any real property to which the lien would attach has been transferred, or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to the real property and the delinquent fees, as confirmed, relating to the property shall be transferred to the unsecured roll for collection.
C. 
The provisions of subsection A of this section shall not apply to any owner, tenant, or person having lawful possession of a residential or commercial unit, who provides evidence satisfactory to the city manager that the residential or commercial unit has not been occupied by any person for 60 or more consecutive days, for the period of time the property is unoccupied.
(Ord. No. 941 § 1, 2018)
No owner, tenant, lessee or occupant of a commercial or residential premises shall place any hazardous waste in any container serviced by the authorized collector. In the event that an owner, tenant, lessee or occupant of a commercial or residential premises places any hazardous waste in a container serviced by the authorized collector, the authorized collector will not be required to either collect the material in the container or separate out the material before processing the entire container. The authorized collector shall notify the property occupant in the event that it inadvertently removes a container that contains hazardous waste. The property occupant shall be held responsible for the costs associated with proper handling and disposal of the hazardous materials. The authorized collector shall notify customers, owners, tenants, lessees or occupants of any hazardous waste found in containers by placing a tag on the container. Pursuant to section 8.17.150, a contamination fee will be automatically assessed if hazardous or biohazardous materials are placed in any collection container. The authorized collector shall keep a daily log with the address of each customer, owner, tenant, lessee or occupant whose container was not serviced and will provide a copy of the log to the city on a monthly basis.
(Ord. No. 941 § 1, 2018)
A. 
The following businesses shall recycle and divert from the landfill recyclable materials generated by the business in accordance with this section:
1. 
A commercial business that generates four cubic yards or more of solid waste per week;
2. 
A multi-family dwelling of five units or more.
B. 
Businesses subject to this section shall arrange for recycling services, consistent with state and local laws, rules, regulations and requirements, to the extent that these services are offered and reasonably available from a local service provider. A business subject to this section shall take at least one of the following actions:
1. 
Source separate recyclable materials from refuse and subscribe to a basic level of recycling service that includes collection, self-hauling, or other arrangements for the pickup of the recyclable materials with the city's authorized collector.
2. 
Source separate recyclable materials from refuse and self-haul the recyclables to a certified recycling or material recovery facility for processing.
3. 
Source separate recyclable materials from refuse and arrange for pickup of the recyclable materials for donation or sale to a recycler or non-profit as defined in section 8.17.050.
C. 
To comply with subsection B, property owners or managers of multi-family dwellings may require ten-ants to source separate their recyclables from refuse. Tenants must source separate their recyclable materials as required by property owners or managers of multi-family dwellings subject to this section.
D. 
A business meeting the conditions of subsection A may request an exemption from the requirements of subsection B by submitting an application on a form prescribed by the ESD director. After reviewing the exemption request, the ESD director shall either approve or disapprove the exemption request. To be eligible for an exemption from requirements of this section, the business must demonstrate that:
1. 
There are no recyclable materials being generated by any activities of the business;
2. 
There is inadequate storage space for the storage of recyclable materials; or
3. 
There is no viable market for the recycling materials or recycling facility available.
(Ord. No. 941 § 1, 2018)
A. 
The following businesses shall recycle and divert from the landfill organic materials generated by the business, in accordance with the following conditions:
1. 
On and after January 1, 2017, a business that generates four cubic yards or more of organic waste per week shall arrange for recycling services specifically for organic waste.
2. 
On and after January 1, 2019, a business that generates four cubic yards or more of commercial solid waste per week shall arrange for recycling services specifically for organic waste.
B. 
A business meeting the conditions of subsection A shall take at least one of the following actions:
1. 
Source separate organic waste from other refuse and subscribe to a basic level of organic waste recycling service with the city's authorized collector, for the pickup of organics;
2. 
Source separate organic waste from refuse and self-haul the organic waste to a certified recycling or material recovery facility for processing; or
3. 
Source separate organics from refuse and arrange for pickup of the organic waste for donation or sale for reuse or processing.
C. 
A business meeting the conditions of subsection A may request an exemption from the requirements of subsection B by submitting an application on a form prescribed by the ESD director. After reviewing the exemption request, the ESD director or designee shall either approve or disapprove the exemption request. To be eligible for an exemption from the requirements of subsection B, the business must demonstrate that:
1. 
There is less than one half of a cubic yard per week of organic waste being generated by any activities of the business;
2. 
There is inadequate storage space for the storage of organic waste; or
3. 
There is no viable market for the organic waste or organic waste recycling facility available.
(Ord. No. 941 § 1, 2018)