Note: For the statutory provisions authorizing cities
to contract for garbage and rubbish disposal and to prescribe terms
for such services, see Public Resources Code § 49300.
The city council establishes health and sanitation rules and
regulations applicable to all lands and premises in South San Francisco
as set forth in this chapter. The intent of the city council in adopting
the ordinance codified in this chapter is to prevent accumulation
of quantities of solid waste on all lands and premises within the
boundaries of the city, except for dump sites approved by the city
council, in order that the public health and welfare of the inhabitants
of the city and surrounding communities may be protected and preserved
through strict regulation and supervision of all phases of accumulation,
collection and disposal of solid waste within the city.
(Ord. 1208 § 2, 1997)
As used in this chapter the following words and phrases shall have the meanings set forth in this section. Terms used in this chapter but not defined in this section shall have the meanings assigned them in Chapters 6.56 and/or 8.28.
means the city of South San Francisco.
means property upon which business activity is conducted,
including, but not limited to, retail sales, services, wholesale operations,
manufacturing and industrial operations, but excluding businesses
conducted upon residential property which are permitted under applicable
zoning regulations and are not the primary use of the property.
means construction materials generated during the construction
or renovation of a residential, commercial and industrial or institutional
property.
means used construction materials generated during the razing
or renovation of a residential, commercial and industrial or institutional
property.
means all substances defined as hazardous waste, acutely
hazardous waste or extremely hazardous waste by the state of California,
or identified as hazardous waste by the U.S. Environmental Protection
Agency, under applicable laws or regulations.
means hazardous household waste generated at residential
properties within the city.
means the premises or site of a governmental entity, including
city, county, state and/or federal buildings, public schools, colleges
and public recreational sites.
means and is held to include, but not be limited to, a natural
person, group of persons, partnership, firm, corporation, public or
municipal corporation or association.
means solid waste which may 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 of 1989, including, without limitation, paper, newsprint, printed
matter, pasteboard, paper containers, cardboard, glass, aluminum,
PET, HDPE, and other plastics, beverage containers, compostable materials
(including yard waste), and wood, brick and stone in reusable size
and condition. Recyclable materials shall include those items of construction
debris and demolition debris which are described in this definition.
means property used for residential purposes, irrespective
of whether such dwelling units are rental units or are owner-occupied.
Complexes of four or more units, whether in a single structure, or
connected structure, or series of structures may be subject to procedures
and rates which differ from other lower density residential properties.
means used articles capable of being restored or resold for
reuse, in either case without reprocessing or remanufacture, including
antiques, used building supplies and automobiles and automobile parts.
Salvageable materials shall include those items of construction debris
and demolition debris which are described in this definition.
means that person with whom the city has contracted, as provided
in this chapter, to collect, receive, carry and/or transport solid
waste in accordance with the provisions of this chapter.
means, as defined in Public Resources Code Section 40191,
all putrescible and nonputrescible solid, semi-solid, and liquid wastes,
including garbage, trash, refuse, paper, rubbish, ashes, industrial
wastes, demolition and construction wastes, abandoned vehicles and
parts thereof, discarded home and industrial appliances, dewatered,
treated, or chemically fixed sewage sludge which is not hazardous
waste, manure, vegetable or animal solid and semi-solid wastes, and
other discarded solid and semi-solid wastes, with the exception that
solid waste does not include any of the following wastes:
Hazardous waste, as defined in the State Public Resources Code
Section 40141.
Radioactive waste regulated pursuant to the State Radiation
Control Law (Chapter 8 (commencing with Section 114960) of Part 9
of Division 104 of the State Health and Safety Code).
Medical waste regulated pursuant to the State Medical Waste
Management Act (Part 14 (commencing with Section 117600) of Division
104 of the State Health and Safety Code). Untreated medical waste
shall not be disposed of in a solid waste landfill, as defined in
State Public Resources Code Section 40195.1. Medical waste that has
been treated and deemed to be solid waste shall be regulated pursuant
to Division 30 of the State Public Resources Code.
means, as to recyclable materials, materials that have been
separated from solid waste that is not recyclable material and from
all other types of recyclable materials by the person generating such
solid waste or recyclable materials at the residential, commercial
and industrial or institutional property where such solid waste or
recyclable materials are generated to form one readily identifiable
category of recyclable material as set forth in the definition for
“recyclable materials” above that are saleable without
further sorting; and, as to salvageable materials, materials that
have been separated from solid waste that is not salvageable material
by the person generating such solid waste or salvageable materials
at the residential, commercial and industrial or institutional property
where such solid waste or salvageable materials are generated. For
example, cardboard that has been separated by a business from glass,
PET plastic and wet garbage is source separated so long as the separation
is accomplished by the generator at the commercial and industrial
property where all of such items are generated and all of such items
are generated by such business.
means tree trimmings, grass cuttings, dead plants, leaves,
branches and dead trees (not more that six inches in diameter) and
similar materials generated at a residential, commercial and industrial
or institutional property.
(Ord. 1208 § 2, 1997; Ord. 1628 § 2, 2021)
All solid waste (other than source separated recyclable materials and source separated salvageable materials) shall, by the person upon whose premises the same has been produced or accumulated and/or the person required under Section 8.16.050 to arrange for solid waste collection services, be placed in a watertight container or containers of not less than ten nor more than ninety-six gallons each, net capacity, with poundage limits set by the city council, and of a design approved by the city health officer. The container shall be kept clean, sanitary, continuously closed by a tight-fitting cover, except when solid waste is being dumped into or removed therefrom and shall be closed to the access of flies, insects, animals and rodents. The container with solid waste therein shall be made easily and readily accessible on the designated collection day for the area in which the premises are located, not less than once a week, to the scavenger authorized by the city to collect the same in accordance with the provisions of this chapter. Premises shall include, but not be limited to, all those types enumerated in Section 8.16.050.
(Ord. 1208 § 2, 1997)
Solid waste receptacles shall not be placed within the limits
of any street, road, avenue, public way, alley or public place, or
in a manner which blocks a sidewalk or constitutes a public nuisance
in complying with the provisions of this section. On the designated
collection date, solid waste receptacles shall be placed as follows:
(a)
Single-Family,
Duplex and Triplex Residential Properties. Solid waste receptacles
for single-family, duplex, and triplex residential properties shall
be placed two feet apart and three feet away from any vehicle or obstacle
with the cart wheels against the curb and handles facing the residence.
An alternate location may be permitted for the following:
(b)
Multiple
Unit Residential Properties, Commercial and Industrial Properties
and Institutional Properties. Solid waste receptacles shall be located
in a place on the premises which is readily accessible for removal
and emptying by the scavenger.
(Ord. 1208 § 2, 1997; Ord. 1431 § 1, 2010)
The following shall arrange for and have solid waste collection service as specified in this section and in the contract or franchise awarded by the city, and shall pay the rates and charges for solid waste collection service as are established pursuant to Section 8.16.440:
(a)
Any
person generating solid waste at, or who has control of, each and
every single-family residential property;
(b)
Any
person generating solid waste at, or who has control over operations
conducted at, each and every multiple dwelling unit, occupied hotel,
apartment house, roominghouse, motel, auto court, trailer park, or
other such place of abode located in the city;
(c)
Any
person generating solid waste at, or who has control over operations
conducted at, each and every commercial and industrial or institutional
property located in the city.
(Ord. 1208 § 2, 1997)
Collections of solid waste shall be made at least once a week; provided, however, that such collections may be made at other intervals within such areas as may from time to time be designated in any agreement between the city and the scavenger, or as provided for in Chapter 8.27 of this code. The contents of all containers shall be transferred by the scavenger into a vehicle provided by the scavenger and approved by the health officer as being a satisfactory vehicle for such purpose by having a watertight portion in which the refuse is to be deposited and an adequate cover to prevent refuse and/or offensive or noxious fumes or odors escaping therefrom. The scavenger shall remove any solid waste spilled by it on stairs, yards, streets, alleyways or other private or public places, except dump sites, and clean those places.
(Ord. 1208 § 2, 1997; Ord. 1628 § 2, 2021)
The producer or owner of solid waste, recyclable materials and salvageable materials may elect to source separate recyclable materials and salvageable materials for collection by the city’s authorized recycling agent, a junk collector or for other disposition in accordance with Chapters 6.56 and 8.28, except that self-haulers as defined under Chapter 8.27 of this code shall comply with the source separation requirements of that chapter.
(Ord. 1208 § 2, 1997; Ord. 1628 § 2, 2021)
It is unlawful for any person to deposit, place or burn solid
waste of any kind upon public streets, alleyways or public places
or upon private lands or premises, except as provided in this chapter.
Dry yard waste may be burned by owners or producers of the same only
after they have obtained a permit from the city fire chief. The permit
shall be denied if the burning would endanger the health, safety or
welfare of the inhabitants in the vicinity or surrounding areas. The
burning shall never be allowed to create any offensive odor, smoke
screen or nuisance.
(Ord. 1208 § 2, 1997)
All solid waste collected by the scavenger shall be disposed
of in such a manner as to comply with the contract or franchise awarded
to the scavenger by the city and all applicable state, county, city
or district regulations.
(Ord. 1208 § 2, 1997)
It is unlawful, except as provided in this chapter, Chapter 8.28 or Chapter 6.56, for any person other than the scavenger to collect, transport or carry solid waste (including, without limitation, construction debris, demolition debris, recyclable materials, salvageable materials and yard waste) over any streets or public places of the city unless such person is an agent or employee of the city acting within the scope of his employment; provided that the city manager with the approval of the city council may issue permits to transport or carry solid waste over the streets to the scavenger of any other city or public agency if the council finds and determines that the permit is in the public interest and will not impair the contractual rights of the scavenger of the city or the health, welfare or comfort of the inhabitants of the city.
(Ord. 1208 § 2, 1997)
Yard waste removed from a residential, commercial and industrial
or institutional property by a gardening, landscaping or tree trimming
contractor as an incidental part of a comprehensive service offered
by such contractor, rather than as a hauling service, may be disposed
of by such contractor at any licensed landfill, transfer station or
materials recovery facility.
Construction debris and/or demolition debris removed from a
residential, commercial and industrial or institutional property by
a licensed construction or demolition contractor using its own employees
and equipment as an incidental part of a comprehensive service offered
by such contractor, rather than as a hauling service, may be disposed
of by such contractor at any licensed transfer station or materials
recovery facility.
Hazardous waste and household hazardous waste may be disposed
of in any lawful manner.
(Ord. 1208 § 2, 1997)
Nothing in this chapter shall prohibit a person or his employee
from transporting to a licensed transfer station or materials recovery
facility, without spilling, solid waste, on city streets without obtaining
any permit, for purposes solely incidental to the conduct of his individual
business within the city or to the maintenance of his individual residence.
(Ord. 1208 § 2, 1997)
The city council may award an exclusive contract or franchise, subject to the provisions of this chapter and Chapters 6.56 and 8.28, for the collection and disposal of solid waste to any person as independent contractor which the council believes best qualified and equipped to perform the work of a scavenger. The contract shall require the scavenger to collect, remove and dispose of solid waste in the city in accordance with the provisions of this chapter and in conformance with such regulations as may be prescribed by the health officer or such other officer as may be hereafter designated by city. It shall require the scavenger to furnish a surety bond of not less than twenty-five thousand dollars, conditioned upon the faithful performance of his contract and shall require the scavenger to carry workers’ compensation insurance and property damage and public liability insurance in amounts to be determined by the council. Such contract may be subject to renewal if, in the discretion of the city council, time, circumstances and conditions warrant such renewal. Such contract may also be subject to renewal in accordance with its terms.
(Ord. 1208 § 2, 1997)
(a)
The scavenger shall have authority to charge such rates for solid waste collection service as are established pursuant to Section 8.16.440.
(b)
The
city shall establish franchise fees by resolution.
(Ord. 1208 § 2, 1997)
Rates and charges shall be determined in accordance with the
terms and provisions in the contract or franchise between the city
and the scavenger.
(Ord. 1208 § 2, 1997)
It is unlawful for any person in any manner to interfere with the collection or disposal of solid waste by the scavenger or any person authorized by license, franchise or contract in accordance with the provisions of this chapter or of Chapter 6.56 or 8.28 to collect or dispose of the same.
(Ord. 1208 § 2, 1997)
Nothing in this chapter shall relieve a person from complying
with all other city, county, state and federal health, safety, sanitation,
licensing and other law requirements.
(Ord. 1208 § 2, 1997)
(a)
Any
person violating any of the provisions of this chapter is guilty of
an infraction, and upon conviction such person shall be punished as
provided in Section 36900 of the Government Code.
(b)
The city’s authority to civilly and/or criminally enforce any provisions of this chapter shall not limit or preclude any right which any other entity, including without limitation the scavenger awarded a contract pursuant to Chapter 8.16 of this code or the city’s authorized recycling agent under Chapter 8.28 of this code, may have to civilly enforce any provisions of this chapter.
(Ord. 1208 § 2, 1997)
