As used in this chapter, the words below shall have the following
definitions, unless the context specifically indicates otherwise:
means a person, company, agency, district, or other entity
authorized by the City Council to provide collection services within
the city limits in accordance with the provisions this Chapter.
means the State of California Code of Regulations. CCR references
are preceded with a number that refers to the relevant Title of the
CCR (e.g., "14 CCR" refers to Title 14 of CCR).
means the collection, transportation, processing and disposal of MSW, Recyclable Material, and Compostables by the Authorized Contractor pursuant to this Chapter and Chapter 5.61.
is defined in 14 CCR Section 18982(a)(6) and means a firm,
partnership, proprietorship, joint-stock company, corporation, or
association, whether for-profit or nonprofit, strip mall, industrial
facility, or a Multi-Family Complex.
has the same meaning as in 14 CCR Section 17896.2(a)(4),
and means those materials that are processed in a controlled biological
decomposition process, which are source separated from the municipal
solid waste stream. Compostables include food scraps, food soiled
paper products, yard trimmings and wood materials and that do not
contain hazardous waste.
includes waste building materials, packaging and rubble resulting
from construction, remodeling, repair or demolition operations on
pavements, houses, commercial and industrial buildings, and other
structures and improvements.
means watertight metal or plastic objects with lids or covers
provided by the City or Authorized Contractor that are designed, and
used to hold MSW, Recyclable Material, Compostables, or cooking oil/grease
prior to collection. Containers include wheeled carts with lids, bins,
open-top roll-off boxes, compactors, and oil/grease tanks.
means the placing of materials in a Container that is labeled
and intended for storage of another type of material, and which would
either interfere with the processing of the material or reduce the
quality and value of the recovered material. For example, placing
metals or plastics in a container labeled "Yard Trimmings" constitutes
Contamination because it would interfere with the equipment and processes
used to compost or mulch the Yard Trimmings. Similarly, placing Food
Scraps in a Container labeled "Recyclable Materials" would contaminate
Recyclable Materials, making it more difficult to properly sort and
process them for marketing.
means the Utilities Director of the City of Napa, or designee
of the Utilities Director or City Manager.
means a walled structure for the storage of MSW, Recyclable
Materials and Compostables Containers, with one or more gates for
access.
means the "Solid Waste, Recyclable Materials and Compostables Enclosure Standards" adopted pursuant to Section 17.52.390 and any future revisions thereto.
means all surplus, spoiled or unsold food such as, but not
limited to, fruits, vegetables, meat, poultry, seafood, shellfish,
bones, rice, beans, pasta, bread, cheese, eggshells and solid fats,
oils & grease (no liquids).
means compostable paper material that has come in contact
with food or liquid, such as, but not limited to, compostable paper
plates, paper coffee cups, napkins, pizza boxes, coffee filters, tea
bags, wax paper, butcher paper and waxed cardboard, paper take out
boxes, paper egg cartons, and milk cartons.
means to bring into existence or create, or to use, maintain
or possess an item, material or product, the result of which such
creation, bringing into existence, use, maintenance or possession
is that the item, material or product first becomes, or is converted,
transformed, evolved to, or deemed as MSW, Recyclable Materials, or
Compostables. "Generate" shall not mean or include any form of activity,
program, service of business by which MSW, Recyclable Materials or
Compostables are in any manner collected or accumulated from another
person, business, entity or establishment of any kind.
means any Person that Generates MSW, Recyclable Materials
or Compostables.
means a residential premises with five or more dwelling units.
Multi-Family Complexes do not include hotels, motels, or other transient
occupancy facilities.
means all fractions of discarded putrescible and non-putrescible
solid, semi-solid and liquid wastes, including trash, refuse, paper,
rubbish, ashes, industrial wastes, construction and demolition debris,
discarded home and industrial appliances, manure, vegetable or animal
solid and semi-solid wastes, and other discarded substances or materials.
MSW does not include:
Hazardous Waste, as defined in the State Public Resources Code
Section 40141.
Low-level Radioactive waste regulated pursuant to the State
Radiation Control Law (Chapter 8 (commencing with Section 114960)
of Part 9 of Division 104 of the State Health and Safety Code).
Untreated medical waste which is regulated pursuant to the State
Medical Waste Management Act (Part 14 (commencing with Section 117600)
of Division 104 of the State Health and Safety Code). Untreated medical
waste shall not be disposed of in a MSW landfill, as defined in State
Public Resources Code Section 40195.1. Medical waste that has been
treated and deemed to be MSW shall be regulated pursuant to Division
30 of the State Public Resources Code.
Recyclable Materials which have been source-separated and/or
source and type-separated from other waste material by the Generator.
is defined in Section 1.04.030 of this code.
means material which otherwise would become or be treated
as MSW but which, by means of a process of collecting, sorting, cleansing,
treating and reconstructing, may be returned to the economic mainstream
in the form of finished or source material for new, reused or reconstituted
products, which may be used in the market place. "Recyclable Materials"
includes paper, books, magazines, cardboard, box board, plastic, metal,
glass, and other similar materials authorized by the city for collection
by the Authorized Contractor.
includes single-family dwellings, Multi-Family Complexes
(such as townhouses, apartments, and condominiums) and mobile home
parks that are provided individual collection service at each dwelling
unit, whether by means of walk-in or curbside collection, and which
may be individually billed by the Authorized Contractor, or billed
as part of a central billing process, by a home owners' association,
landlord or property manager.
means a Person other than the Authorized Contractor, whose
primary business is not waste hauling, who hauls MSW, Recyclable Material,
or Compostables he or she has Generated to a transfer, processing,
recovery, or disposal facility. Self-Hauler also includes a Person
who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66).
Back-haul means Generating and transporting Compostables to a destination
owned and operated by the Generator using the Generator's own employees
and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
means of, from, or pertaining to any Residential Premises
with fewer than five units.
means paper towels, tissue products, paper napkins, paper
plates and cups, coffee filters, tea bags, waxed paper, butcher paper,
paper take-out boxes and containers, greasy pizza boxes, paper bags
and cardboard and wax-coated cardboard produce boxes. "Soiled Paper
Products" does not include polystyrene (aka. Styrofoam), plastic-backed
paper, blue-line paper or blueprints, diapers, kitty litter, any paper
containing plastics, aluminum foil or foil-lined food wrap.
means those Recyclable Materials which satisfy each of the
following requirements:
Have been segregated from MSW for handling different from that
of MSW by or for the Generator thereof;
Are not commingled; and
After such segregation, contain no more than 5% by weight (measured
by each load being transported, collected and/or disposed) of any
residual or contaminant material which cannot be recycled, composted
or similarly utilized, and which instead must be disposed of as MSW
or otherwise.
means wood pieces or particles that are generated from the
manufacturing or production of wood products, harvesting, processing
or storage of raw wood materials, or construction and demolition activities.
"Wood Material" does not include treated wood materials.
means tree trimmings, grass cuttings, leaves, branches, and
similar organic materials, including vineyard clippings, sawdust,
wooden chopsticks, and other clean wood items under 36 inches.
(O2022-001, 1/4/22)
The City may enter into exclusive or non-exclusive contracts
for Collection Services. The term of the contract shall not exceed
25 years; provided however, the contract may be extended or renewed
for up to 15 years.
(O2022-001, 1/4/22)
(O2022-001, 1/4/22)
(O2022-001, 1/4/22)
All Generators within the City shall deposit and store all MSW,
Recyclable Material, and Compostables Generated at their location
and/or from their operations in Containers at all times. Containers
must be kept clean, free of Contamination and sanitary at all times,
and be kept covered except when MSW, Recyclable Material or Compostables
are deposited therein or removed therefrom.
(O2022-001, 1/4/22)
A.
All
Containers shall be located and maintained on the premises where MSW,
Recyclable Material, and Compostables are Generated, in a place easily
accessible to the Authorized Contractor but where it will not be a
public nuisance or otherwise offensive.
(O2022-001, 1/4/22)
The owners of Commercial Businesses and Multi-Family Complexes
shall provide all tenants with adequate collection areas and space
for the disposal and storage of MSW, Recyclable Material, and Compostables
and shall pay for Collection Services if tenant is not required to
pay for such services.
(O2022-001, 1/4/22)
No Person shall burn or bury any MSW, Recyclable Material, or
Compostables within the city except that combustibles may be disposed
of by burning inside buildings in stoves for that purpose to the extent
permitted under laws of the state.
(O2022-001, 1/4/22)
No Person shall keep, accumulate, or permit to be kept or accumulated,
MSW, Recyclable Material or Compostables within the City except in
Containers accessible to the Authorized Contractor and suitable for
collection by the Authorized Contractor. Nothing herein contained
shall prevent a Person from disposing of Compostables in a compost
pile or by burying to the extent permitted under existing laws, ordinances
and regulations.
(O2022-001, 1/4/22)
(O2022-001, 1/4/22)
A.
Except
as otherwise expressly authorized in this Chapter, no Person other
than the Authorized Contractor shall collect and dispose of any MSW,
Recyclable Material, or Compostables from any other Person, or transport
MSW, Recyclable Material, or Compostables on the streets of the City.
B.
Except
as otherwise expressly authorized in this Chapter, no Generator shall
pay, reimburse, contract with or in any other way arrange for any
other Person other than the Authorized Contractor, to collect, transport
and/or dispose of MSW, Recyclable Materials, or Compostables.
C.
Except
as otherwise expressly authorized in this Chapter, no Person shall
use any artifice, business structure or other attempt to evade the
requirements of this Chapter in any manner by collecting and disposing
for a fee or charge the MSW, Recyclable Material, or Compostables
of another Person.
(O2022-001, 1/4/22)
The Director may issue written permits for the transportation
and disposal by a particular Person of MSW, Recyclable Material, or
Compostables generated by that Person and for the collection and transportation
of Compostables Generated by another Person when it is to be used
for the purpose of feeding animals. Such permit shall be revocable
at any time and may be subject to conditions and limitations set forth
by the Director, including, but not limited to, limitations on the
type of Compostables included within the permit, limitations as to
place and manner of disposition, and limitations as to time and mode
of collection and transportation.
(O2022-001, 1/4/22)
Any Self-Hauler may, without a permit, collect and transport
MSW, Recyclable Material, and Compostables Generated by the Self-Hauler
if all of the following conditions are satisfied:
A.
The
MSW, Recyclable Material, or Compostables must be suitably packed
and loaded and in containers to ensure that there is no spillage;
and
B.
The
MSW, Recyclable Material, or Compostables must be so collected and
transported for disposition, and must be disposed of, at a landfill,
transfer station, recovery or processing facility which is appropriately
permitted or authorized under applicable state laws and regulations;
and
(O2022-001, 1/4/22)
No provisions of this Chapter shall bar any Person from removing
MSW, Recyclable Material, or Compostables in an emergency situation
where the Authorized Contractor for any reason is unable to collect
said MSW, Recyclable Material, or Compostables, and where such removal
is necessary for the protection of public health.
(O2022-001, 1/4/22)
A.
No provision
of this Chapter shall prevent the disposition of Recyclable Material
or Compostables for which there are established commercial values,
and for which the Generator, accumulator, or producer actually receives
compensation, such as used kitchen fats, but not including MSW for
animal feeding, provided said materials are accumulated in a sanitary
manner and disposed of through regular commercial channels.
B.
No provision
of this Chapter shall prohibit the donation of Recyclable Material
or Compostables for which there are established commercial values
by the Generator, accumulator, or producer of such Recyclable Material
to any City-approved drop-off center. Further, notwithstanding any
other provision of this Chapter, Recyclable Material may be provided
free of charge to any charitable, youth, civic, religious, or similar
person, group or organization, or the collection, transport and/or
disposal of such Recyclable Material by such person, group or organization,
provided there is no fee for service paid to such person, group or
organization or costs or expenses incurred by the Generator, accumulator
or producer of said Recyclable Material.
C.
Nothing
in this Chapter shall prohibit any Person from collecting, disposing,
or transporting any Source and Type-Separated Recyclable Materials
for which the Authorized Contractor does not provide Recyclable Material
services pursuant to the City's approved Recyclable Material program
to or at any Recyclable Material drop-off center or facility which
is appropriately permitted or authorized under applicable health and
safety laws and regulations. The City's Utilities Department shall
maintain for public inspection and copying a list of all Recyclable
Material collected and disposed of by the Authorized Contractor which
are included in the City's Recyclable Material program.
D.
Nothing
in this chapter shall apply to or prohibit the disposition, collection,
transport or disposal by any Person of Construction and Demolition
Debris.
E.
Nothing
in this Chapter shall prohibit the collection, transportation, or
disposal of Yard Trimmings by any Person as an incidental part of
a landscaping or gardening service by that Person.
(O2022-001, 1/4/22)
A.
Except
as specifically otherwise provided in this Chapter, all MSW, Recyclable
Material, and Compostables within the City shall be collected by the
Authorized Contractor.
B.
Except
as otherwise expressly authorized by this Chapter, it shall be unlawful
for any Person to fail to deliver MSW, Recyclable Material, or Compostables
to the Authorized Contractor, or to subscribe to the Collection Service.
C.
Except
as otherwise expressly authorized by this Chapter, it shall be unlawful
for any Person to pay, reimburse, contract with or otherwise arrange
for any other Person, other than the Authorized Contractor, to collect,
transport or dispose of MSW, Recyclable Material, or Compostables
Generated, produced or otherwise accumulated within the City.
D.
Except as otherwise provided in subsection E below, all Generators shall subscribe to Collection Services provided by the Authorized Contractor.
E.
The
following Generators shall not be required to subscribe to Collection
Service provided by the Authorized Contractor:
1.
A
Generator who demonstrates and certifies to the satisfaction of the
Director that the Generator owns and/or occupies a structure that
as of August 3, 1999 was not required to receive Collection Service;
did not receive Collection Service as of August 3, 1999 and has not
received Collection Service any time after such date.
2.
A
Generator who demonstrates and certifies to the satisfaction of the
Director, that Collection Service is not needed because the Generator
satisfies one of the following criteria:
a.
the Generator does not Generate sufficient MSW, Recyclable Material,
and Compostables to require Collection Service, and promptly and appropriately
transports his/her MSW, Recyclable Material and Compostables to a
permitted disposal facility; or
b.
the Generator otherwise has arranged for shared MSW, Recyclable Material,
and Compostables disposal with another Generator receiving Collection
Service, and such shared service does not involve an undue accumulation
or improper storage of MSW, Recyclable Material, and Compostables.
(O2022-001, 1/4/22)
Any vehicle used for the conveyance of MSW, Recyclable Material,
and Compostables shall be staunch, tight and constructed so as to
wholly prevent spills and leakage, and each such vehicle shall be
maintained in a neat, clean and painted condition, acceptable as determined
solely at the discretion of the City.
(O2022-001, 1/4/22)
It shall be unlawful for the Authorized Contractor to fail or
neglect to place, on a conspicuous place on each side of each vehicle
used in transporting MSW, Recyclable Material, and Compostables, the
Authorized Contractor's identity.
(O2022-001, 1/4/22)
It shall be unlawful for any person holding a permit from the
Director to remove and transport MSW, Recyclable Material, and Compostables,
to fail or neglect to place on each side of each vehicle used for
the conveyance of such MSW, Recyclable Material, and Compostables,
the words "Permit No." together with the number of the permit issued
therefor, or to fail or neglect to produce and exhibit the permit
issued therefor, whenever requested by any law enforcement officer
or the Director.
(O2022-001, 1/4/22)
The Authorized Contractor shall collect MSW, Recyclable Material,
and Compostables once a week from all Residential Premises within
the City and from Commercial Businesses within the City at such more
frequent intervals as the quantity of MSW, Recyclable Material, and
Compostables produced, and the interest of public health and safety
require. Any Person desiring the removal of special accumulations
of MSW, Recyclable Material, and Compostables shall notify the Authorized
Contractor thereof, and the Authorized Contractor shall remove the
same within a reasonable time.
(O2022-001, 1/4/22)
(O2022-001, 1/4/22)
A.
The
rates charged for Collection Services shall be established by resolution
of the City Council.
B.
Any
Person receiving Collection Services shall pay the rates charged by
the date set forth in the bill provided by the City or Authorized
Contractor.
C.
Any
charges that are not paid within 10 days after such charges are due
shall be delinquent and shall be subject to late fees established
by resolution of the City Council.
D.
Delinquent accounts shall be subject to enforcement in accordance with Chapter 1.16. At the discretion of the Director, the City may, or may cause the Authorized Contractor to, remove Containers and discontinue Collection Service for any delinquent accounts until all delinquent amounts have been paid in full.
E.
Delinquent
amounts shall become a lien against the property provided the Collection
Service and may be collected at the time and manner that property
taxes are collected.
F.
The
Director will develop administrative regulations approved as to form
by the City Attorney and approved by the City Manager for procedures
for enforcement of delinquent accounts, including options for payment
plans.
(O2022-001, 1/4/22)
A.
The
Director shall be authorized to enforce the provisions of this Chapter.
C.
The
City shall have the authority to inspect, review and copy the books,
records and documents of any Person to determine and establish whether
there has been compliance with or violation of this Chapter, and every
Person shall, upon request by the City provided with 10 days written
notice, produce such books, records or documents for inspection, review
and copying by the City or its designee or representative. The City
shall have the authority in its discretion to issue administrative
subpoenas, and/or to obtain subpoenas from a court of competent jurisdiction,
to require the production of books, records, and documents and to
compel testimony under oath in order to determine and establish compliance
with or violation of this Chapter.
D.
The
City shall have the authority to inspect all MSW, Recyclable Material,
and Compostables being transported, recovered, or disposed to determine
compliance with or violation of this Chapter and shall further have
the authority to issue administrative subpoenas and/or obtain subpoenas
from a court of competent jurisdiction to require such inspection.
(O2022-001, 1/4/22)
A.
Recyclable
Material which are placed at the curbside or other collection location
designated by the City or the Authorized Contractor for collection
by the Authorized Contractor in Containers, shall be collected solely
by the Authorized Contractor.
B.
No Person
other than the Authorized Contractor, shall remove Recyclable Material
which has been placed in Containers at the curbside or other designated
collection location for removal by the Authorized Contractor.
C.
It shall
be unlawful for any Person to burn, break, destroy, scatter, scavenge,
collect, or take any Recyclable Material placed at the curbside or
other designated collection location for collection by the Authorized
Contractor, without the consent of both (1) the Generator of the Recyclable
Material, and (2) the Authorized Contractor.
D.
It shall
be unlawful for any Person other than (1) the Generator of the Recyclable
Material; (2) the City or any authorized representative thereof; or
(3) the Authorized Contractor, or any designee thereof, to remove
any Containers, from the curbside or other designated collection location.
E.
Nothing
in this Chapter shall limit the right of a Person to donate, sell
or otherwise dispose of recyclable material in accordance with the
provisions of this Chapter.
(O2022-001, 1/4/22)
