The provisions of this chapter shall apply to all of the territory lying within the city of Brentwood. The provisions of this chapter relating to the city's provision of solid waste service shall also apply in any additional areas where the city provides service.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
In enacting this chapter, the city council finds as follows:
A. 
The purpose of this chapter is to regulate solid waste handling in order to protect the public health, safety, and welfare and to meet the city's obligations under AB 939.
B. 
The city is obligated by AB 939 to implement plans for solid waste source reduction, reuse, and recycling to meet specified achievement milestones.
C. 
The city is obligated by AB 341 (2011), AB 1826 (2014), SB 1383 (2016) and the SB 1383 regulations to make recycling and organic services available to applicable customers.
D. 
The city is further obligated by the SB 1383 regulations to implement various other programs, including requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption.
E. 
Pursuant to the California Constitution, the city is authorized to enact ordinances to protect the public health, safety, and welfare. Pursuant to Public Resources Code Section 40059 aspects of solid waste handling of local concern include, but are not limited to, the frequency of collection, means of collection and transportation, level of service, charges and fees, and whether solid waste services are to be provided by means of nonexclusive, partially exclusive, or wholly exclusive franchise, contract, license or permit, and the terms and conditions of such franchise, license, or permit.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
If any section, sentence, clause, or phrase of this chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions. The city council declares that it would have passed this chapter and each section, subsection, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional, and would have passed and adopted the same even though any parts, sections, subsections, sentences, clauses or phrases that may be held invalid had been omitted therefrom. This chapter shall further be interpreted to only apply to those entities subject to the jurisdiction of the city under applicable law, including the SB 1383 regulations.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. In the event that the definition for any term defined in the SB 1383 regulations is amended or modified in such regulations, the definition in the SB 1383 regulations shall apply to this chapter. In addition, any term defined in the SB 1383 regulations which is not defined below shall have the meaning defined in such regulations.
"AB 939"
means the California Integrated Waste Management Act of 1989, (Public Resources Code Section 40000 et seq.) as it may be amended.
"Agreement"
means a contract entered into between the city and a contractor providing for, among other things, the award of a franchise, payment of franchise fees, and procedures for the contractor's collection, transportation, processing, and/or disposal of materials and the setting of rates and charges for services.
"Applicable law"
means all laws, statutes, rules, regulations, guidelines, permits, actions, determinations, orders, approvals, or requirements of the United States, state of California, regional or local government authorities, agencies, boards, commissions, courts, or other bodies having applicable jurisdiction, that from time to time apply to or govern the management of solid waste, hazardous waste, medical waste, or any other materials described in this chapter.
"Biohazardous waste"
means laboratory waste including human or animal specimen cultures from medical and pathology laboratories; cultures and stock of infectious agents from research and industrial laboratories; waste from the production of bacteria, viruses, spores, discarded live and attenuated vaccines used in human health care or research, and discarded animal vaccines; human or animal surgery specimens or tissues, which may contain infectious agents known to be contagious to humans; waste containing discarded materials contaminated with excretion exudates or secretions from humans that are required to be isolated by infection control staff, the attending physician, or local health officer to protect others from highly communicable diseases.
"Black container"
has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of solid waste excluding source separated recyclable materials and source separated organic waste. The black container may be any color permitted by 14 CCR Section 18982.2(a)(28) or authorized by the city.
"Blue container"
has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.
"California Code of Regulations" or "CCR"
means the State of California Code of Regulations.
"CALRecycle"
means California's Department of Resources Recycling and Recovery or its successor.
"Cart"
means a wheeled container, thirty-two gallons, sixty-four gallons, or ninety-six gallons (or similar sizes) in size provided by the city for solid waste, recyclable materials, green waste, or organic materials collection.
"City"
means the city of Brentwood, a municipal corporation, and its duly authorized representatives.
"City-authorized service provider"
means a permittee or franchisee authorized by the city council which has received written approval, through a contract or otherwise, to collect, transport, process, or dispose of solid waste, recyclable materials, green waste, organic materials, or C&D debris within the city.
"Commercial"
describes any property, premises, or place which is not residential, as that term is defined in this section. Commercial includes multifamily premises with at least five dwelling units.
"Community composting"
means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed one hundred cubic yards and seven hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise defined by 14 CCR Section 18982(a)(8).
"Construction and demolition debris" or "C&D debris"
includes, but is not limited to, concrete, cinder blocks, brick, mortar, wood, glass, metal, and other materials removed and discarded during the alteration, renovation, remodeling, repair, construction, or demolition of pavements, houses, commercial buildings or structures which can be separated from solid waste for the purpose of reuse, reprocessing, or remanufacture.
"Container"
means a receptacle used to accumulate solid waste, recyclable materials, green waste, or organic materials on premises for scheduled or periodic collection. Container may be carts, bags, front loader bins, front loader compactor bins, roll-off boxes, roll-off compactors, or other city-approved receptacles.
"Customer"
means a person subscribing with the city for collection services.
"Director of public works"
means the director of public works for the city of Brentwood or any designee of the director of public works as being authorized to address specific issues covered by this chapter.
"Edible food"
means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this chapter requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
"Electronic waste"
means any refuse created by discarded electronic waste and components as well as substances involved in their manufacture or use as defined under various federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements, as they may be amended from time to time, of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any hazardous waste.
"Fire service provider"
means the authorized agency or company providing fire fighting, management, permitting, and other related services to the city.
"Food recovery"
means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
"Food recovery organization"
means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
1. 
A food bank as defined in Section 113783 of the Health and Safety Code;
2. 
A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and
3. 
A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
"Food recovery service"
means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26).
"Food scraps"
means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.
"Food service provider"
means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
"Food-soiled paper"
is 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, and milk cartons.
"Food waste"
means food scraps and food-soiled paper.
"Franchise"
means the exclusive or non-exclusive rights granted by the city council to provide collection services to customers in the city.
"Franchisee"
means the holder of a franchise in the city.
"Franchise fee"
means the fee paid by contractor to city for the privilege to hold a franchise.
"Front loader bin"
means a metal container with a hinged lid and wheels, less than ten cubic yards in size, for the deposit of solid waste, recyclable materials, or green waste, designed to be collected with a front- or rear-loading collection vehicle.
"Front loader compactor bin"
means a bin with an attachment that compacts waste placed in the bin.
"Green container"
has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated organic waste.
"Green waste"
means those materials that will decompose and/or putrefy, including, but not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small pieces of unpainted and untreated wood, and other types of organic materials. Green waste is a subset of organic waste.
"Hazardous waste"
includes any waste material or mixture of waste material(s) which is toxic, corrosive, flammable, an irritant, a strong sensitizer, which generates pressure through decomposition, heat or other means, if such a waste or mixture of waste may cause substantial personal injury, serious illness or harm to humans, domestic animals, or wildlife, during, or as an approximate result of any disposal of such waste or mixtures of waste as defined under various federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any hazardous substance, together with any amendments of or regulations promulgated under such laws, and any other federal, state, or local law, statute, ordinance, or regulation in effect prior to the time of adoption of this chapter or later enacted that pertains to occupational health or industrial hygiene, or the regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface water, or land use.
"Household hazardous waste"
means those hazardous waste materials discarded, typically in small quantities, by households (as opposed to large quantities disposed by businesses). Typical household hazardous waste includes used motor oil and oil filters, antifreeze and other vehicle fluids, paints and varnish, pesticides, electronic waste, universal waste and cleaning supplies.
"Infectious waste"
refers to waste contaminated with blood and other bodily fluids (e.g. from discarded diagnostic samples), cultures and stocks of infectious agents from laboratory work (e.g. waste from autopsies and infected animals from laboratories), or waste from patients with infections (e.g. swabs, bandages and disposable medical devices).
"Junk"
refers to trash, scrap, solid waste, dirt, litter, debris, and similar matter and materials, but excluding swill, and green waste. Examples of junk includes, but are not limited to, metals, concrete, rocks, earth, sand, milled wood, rough lumber, glass, rubber, leather, bricks, minerals, plastics, oils, grease, rags, crockery, cardboard, paper, cans, bottles, jars, ashes and house sweepings, vehicle parts, packing boxes, and similar items. Junk also includes, but is not limited to, the following when located out-of-doors: any refrigerator, washing machine, clothes dryer, sink, stove, heater, boiler, tank, toilet, appliances, household equipment or machinery, furniture (other than furniture designed and used for outdoor activities), parts of any of the above, and similar items, but shall not include any machinery or equipment installed for household and recreational use which is in a fully operational condition.
"Large event"
means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.
"Large venue"
means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue.
"Litter"
consists of solid waste, waste matter, junk, debris, vehicle parts, and all other materials, things, or objects which creates a public nuisance and particularly when such items exist within the public right-of-way, parks, or other city-owned or managed property.
"Medical waste"
means waste which is generated or produced as a result of any of the following actions: diagnosis, treatment, or immunization of humans or animals; research pertaining to the above; the production or testing of biologicals and sharps waste.
"Multifamily"
refers to a dwelling which includes two or more individual dwelling units and is billed as one account, but serves multiple dwelling units. Multifamily is a subset of residential.
"Organic waste"
means solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). Organic waste approved for collection as recyclable materials shall be considered recyclable materials.
"Person"
means an individual, trust, firm, joint stock company, business concern, partnership, association, limited liability company, public entity, and corporation.
"Premises"
means a specific lot or area of real property served by the city or any such lot or area in general. Premises include permanent and transient human dwellings and places of accommodation, commerce, or recreation.
"Putrescible"
means to rot, subject to decomposition by microorganisms.
"Recyclable materials"
means all materials approved by the city for collection in its recycling program and placement in the blue container.
"Residential"
describes any property, premises or place on which is constructed one or more buildings or other structures containing one or more dwelling units. Residential includes single-family premises and multifamily premises with less than five dwelling units.
"Roll-off box"
means a solid waste container of ten cubic yards or larger.
"Roll-off compactor"
means solid waste containers approximately ten to fifty cubic yards in capacity with a trash compaction mechanism attached that pushes and compresses waste into the container, and that must be removed from the collection site for disposal.
"Salvage" or "salvaging"
refers to the authorized and controlled accumulation of solid waste materials for subsequent reuse.
"Salvageable materials"
refer to items that can be put to subsequent reuse.
"SB 1383 regulations"
means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CALRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. SB 1383 regulations includes any amendments or modifications to such regulations.
"Self-hauler"
means a person, who hauls solid waste, organic waste or recyclable material he or she has generated to another person. 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 organic waste 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).
"Sharps"
means any device having acute rigid corners, edges, or protuberances capable of cutting or piercing, including, but not limited to, all of the following:
1. 
Hypodermic needles, hypodermic needles with syringes, blades, needles with attached tubing, syringes contained with biohazardous waste, acupuncture needles, and root canal files.
2. 
Broken glass items, such as Pasteur pipettes and blood vials contaminated with biohazardous waste.
3. 
Any item capable of cutting or piercing that is contaminated with trauma scene waste.
"Single-family"
refers to residential premises or customers receiving individual solid waste collection services. Single-family is a subset of residential.
"Solid waste"
has the same meaning as defined in Public Resources Code Section 40191, which defines solid waste as 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:
1. 
Hazardous waste, as defined in Public Resources Code Section 40141.
2. 
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).
3. 
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.
"Supermarket"
means a full-line, self-service retail store with gross annual sales of two million dollars, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
"Swill"
means all putrefactive or easily decomposable animal or vegetable matter, which is likely to attract flies or rodents and which has a property value.
"Tier one commercial edible food generator"
means a commercial edible food generator that is one of the following:
1. 
Supermarket.
2. 
Grocery store with a total facility size equal to or greater than ten thousand square feet.
3. 
Food service provider.
4. 
Food distributor.
5. 
Wholesale food vendor.
"Tier two commercial edible food generator"
means a commercial edible food generator that is one of the following:
1. 
Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.
2. 
Hotel with an on-site food facility and two hundred or more rooms.
3. 
Health facility with an on-site food facility and one hundred or more beds.
4. 
Large venue.
5. 
Large event.
6. 
A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.
7. 
A local education agency facility with an on-site food facility.
"Universal waste"
means any waste where the resultant materials from a process cannot be clearly identified as the source of generation because they come from an infinite number of sources as defined under various federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements, as they may be amended from time to time, of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any hazardous waste.
"Wholesale food vendor"
means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
The director of public works shall have authority to make and enforce rules and regulations concerning the collection, recycling, reconstitution, recovery, processing, and disposal of solid waste, recyclable materials, organic waste, and C&D debris pursuant to the provisions of this chapter. This authority shall include, without limitation, the authority to require any person or entity receiving solid waste, recyclable materials, organic waste, and/or C&D debris collection service, whether such service is provided by the city or by another party, to implement specified measures to prevent the accumulation of materials outside of the container(s) used by the person or entity, or to prevent the container(s) from creating a hazard or interference with the use of any public right-of-way. Such measures may include, but are not limited to, requiring that the container(s) be locked, and restricting or prohibiting the placement of containers on city streets, alleys, or on sidewalks.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
The city is authorized and directed to employ all persons necessary for the collection, recycling, reconstitution, recovery, processing, and disposal of solid waste, recyclable materials, and organic waste by the city and, in conformance with the city's purchasing rules and regulations, is further authorized and empowered to purchase or lease, or to recommend the purchase or lease, of all necessary trucks, trailers or other vehicles, supplies or other equipment, land and real or personal property, necessary for carrying into effect the provisions of this chapter relative to the collection, recycling, reconstitution, recovery, processing, and disposal of solid waste, recyclable materials, organic waste, and/or C&D debris by the division of solid waste of the public works department of the city.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
The city, its duly authorized agents, contractors, volunteers, permittees, franchisees, or employees, shall have the exclusive right to gather, collect, recycle, reconstitute, recover, and dispose of by landfilling or sale, all solid waste, recyclable materials, and organic waste, except as otherwise provided in this chapter, within the city. The city council may authorize and empower the director of public works to dispose of the same in such manner as it may deem proper for the best interest of the city and in compliance with applicable law.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
It is unlawful for any other person to engage in solid waste handling services within the city, except as provided for below and all persons currently engaging in solid waste handling services within the city may cease such operations immediately upon receiving written notice from the city. The city has granted permission for the following exceptions to the city's exclusive collection:
A. 
Certain Permittees or Franchisees. Any permittees or franchisees granted a non-exclusive right to collect by the city.
B. 
Certain Recyclable Materials. Recyclable materials generated on and collected from business premises where the recyclable materials collector holds a valid permit from the city, subject to the requirements of the permit and of Section 8.16.090(E) of this chapter.
C. 
Actual Solid Waste Generators. The actual generators of solid waste and the owners of property upon which solid waste has accumulated may personally engage in solid waste handling services, but only as to the solid waste which they have actually produced or which has accumulated on their own property, and provided that they comply with the provisions of this chapter and with any other applicable laws. Except in accordance with this subsection and subsection D, actual generators and property owners shall not allow any other person, except the city or city-authorized service provider(s), to perform solid waste handling services for the solid waste which they have produced, which has accumulated on their property, or which they otherwise own or control. Generators shall comply with Section 8.16.085.
D. 
Construction Contractors. The actual generators of C&D debris and the owners of property upon which C&D debris has accumulated, may engage the contractor who produced all or a part of said C&D debris to perform solid waste handling services for all or part of the C&D debris generated during the construction project, provided that all such contractors comply with the provisions of this chapter and with any other applicable laws. Said actual generators and property owners shall not allow any other person, except for the city, city-authorized service provider to perform solid waste handling services for the C&D debris which they have produced, which has accumulated on their property, or which they otherwise own or control.
E. 
Gardeners and Landscapers. Gardeners or landscapers may transport organic waste generated by their work, only if transported by their own employees in the gardener or landscaper's own vehicles to permitted facilities where such material will be diverted from landfilling through composting or other beneficial use which is not counted as disposal by CALRecycle, without obtaining a solid waste collection permit. Gardeners and landscapers shall comply with Section 8.16.085.
F. 
Cleanup Services. Any person whose primary business is the cleanup of solid waste on the property of another and who, incidental to such business:
1. 
Hauls only the solid waste which he or she cleans up and no other solid waste;
2. 
Performs cleanup services such as removing junk from businesses, garages, and residential properties, but does not remove solid waste from construction sites;
3. 
Uses their own vehicle to haul the solid waste which they clean up;
4. 
Does not use a front loader bin, roll-off box, or other container, whether or not such container is left at the cleanup site, to accomplish the cleanup, collection, or transportation of the solid waste, may transport solid waste in accordance with this subsection without a permit or franchise; and
5. 
Does not use a commercial collection vehicle such as a front loader, side loader, rear loader, enddump truck or roll-off truck.
G. 
Non-Profit Charities. Non-profit charities registered with the Attorney General of the state periodically accepting donations of recyclable or salvageable materials may transport said materials, provided that the charity transport the materials to a recycling facility or re-use store and that charity volunteers and employees comply with the provisions of this chapter and with any other applicable laws.
H. 
e-Steward Recycler. Any person, company, or entity may collect electronic waste within the city as long as the recycler meets the Basel Action Network e-Stewards Recycler certification standards. No electronic waste recycler located within the city may accept any electronic waste for recycling unless that recycler meets the certification standards as required by the city.
I. 
Transport Only. Any person may transport solid waste generated and collected in other jurisdictions over city streets provided they comply with the provisions of this chapter and with any other applicable laws, and provided further that they do not engage in any solid waste handling services within the city.
J. 
Document Destruction Companies. Companies whose primary purpose is the destruction of documents or records that, incidental to this purpose, collect paper and deliver such paper, after shredding and or destruction, to a recycling facility, are not required to obtain authorization from the city to transport this material.
K. 
Emergencies. In the event of an emergency, including, but not limited to, the breakdown of equipment or other unforeseen or unpreventable circumstances, or where in the judgment of the city the particular situation justifies such action, the city may issue limited or temporary permits or contracts to any person to perform solid waste handling services, subject to 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 person under this subsection for any period exceeding fifteen days in duration shall be approved by the city council.
L. 
Request for Exemption. Parties may request a written exemption from the director of public works to permit the collection and/or transport of solid waste for niche services not otherwise provided exclusively by the city. Approval is at the sole discretion of the director of public works and is subject to the requirements of a permit or franchise.
This chapter shall not be construed as prohibiting the owner or tenant of any premises in the city from carrying away any such solid waste, on an infrequent or occasional basis in order to reduce the amount to be taken away by the city or its duly authorized agents, but no person shall be authorized by this section to carry away such solid waste if such person receives the benefits of the use of any such solid waste for feed for poultry, hogs, or other livestock unless such person receives permission from the director of public works.
This section shall not be construed as relieving any person from paying the regular fees and charges associated with collection service.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
A. 
Self-haulers shall source separate all recyclable materials and organic waste generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility.
B. 
Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.
C. 
Self-haulers that are commercial customers (including qualifying multifamily premises) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the city and shall be maintained for the time period required by applicable law or as determined by the city. The records shall include the following information:
1. 
Delivery receipts and weight tickets from the entity accepting the waste.
2. 
The amount of material in cubic yards or tons transported by the generator to each entity.
3. 
If the material is transported to an entity that does not have scales on site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.
D. 
Self-haulers that are commercial customers (including qualifying multifamily premises) shall provide information collected in subsection C to the city if requested.
E. 
A residential customer that self-hauls organic waste is not required to record or report information as required in subsections C and D above.
(Ord. 1034 § 1, 2022)
A. 
Authorized. The city may let contracts, including franchises, permits, contracts, or agreements for exclusive or limited collection, processing, disposal, and/or transportation services, with any person for the removal of solid waste, recyclable or salvageable material, organic waste, or other materials described in this chapter. The city may set bond and insurance requirements as a condition of such authorization.
B. 
Revocation. Any such agreement may be revoked at any time by the city council for noncompliance with the provisions of this chapter, subject to the terms and conditions of such agreement, including any applicable notice and cure provisions.
C. 
Authorized Service Providers. Each person authorized to provide specified collection services within the city may obtain and maintain all appropriate licenses and all forms of agreement, authorization, permit, franchise, or contract. Each city-authorized service provider shall comply with all applicable laws. City-authorized service providers may not perform services outside the scope permitted by the city or by this chapter.
D. 
Solid Waste Facilities. No person shall construct or operate a solid waste management enterprise or facility, including, but not limited to, a material recovery facility, landfill, composting facility, or buy-back recycling center, or collect any form of solid waste in the city, without first satisfying all applicable city requirements for land use approval, franchises, permits, payment of development impact fees and/or host fees, and any other approvals required under applicable law.
E. 
Collection Permits and Franchises. The city is required to comply with detailed requirements to the state of California regarding managing and reporting the disposition of solid waste, recyclable materials and organic waste generated within the city. In order to facilitate compliance with these requirements the director of public works may require persons collecting solid waste, C&D debris, recyclable or salvageable materials, or organic waste from residential or commercial premises within the city to obtain a permit or franchise and hold a business license in the city. The permit or franchise may require such persons to provide minimum collection services necessary to comply with this chapter or applicable law and provide the city with certain information regarding collection services provided in the city by the permittee or franchise holder that include, but are not necessarily limited to: service address, service volume, service frequency, proof of recycling or material diversion, proof of city business license, and any information required to ensure compliance with the SB 1383 regulations. The particular terms and conditions of the permit shall be determined by the director of public works approved to form by the city attorney and shall be applied consistently for all permit holders. Each permit shall be renewed annually on or before July 1st. The city may require a permit fee and/or application fee for such permits to cover the cost of administration and application review as set forth in the city's cost allocation plan. The particular terms and conditions of a franchise shall be approved by the city council and may be applied differentially to franchisees based on the types of services for which they have received a franchise. The city council may, in the granting of any individual franchise, establish a franchise fee specific to that franchise. Such a franchise fee shall be retained by the general fund. The city council may also adopt an administrative fee applicable to any franchise which shall be retained by the solid waste enterprise fund to offset the enterprise's cost of tracking solid waste compliance with state and local mandates, including the SB 1383 regulations.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
A. 
Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the city's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within sixty days.
B. 
Community composting operators, upon the city's request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within sixty days.
(Ord. 1034 § 1, 2022)
The director of public works may visit all premises within the city limits from time to time and examine the sanitary conditions of said premises to determine whether the provisions of this chapter are complied with. Upon notification by the director of public works or other authorized representative thereof, all persons, including city-authorized service providers, shall comply with the provisions of this chapter.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
It is unlawful for any person to place, deposit, keep, or bury any solid waste, recyclable materials, or organic waste on, in, or under any premises, as hereinafter provided. It is unlawful for any person to dump or place any material into, or to utilize, any container without consent of the owner or lessee of the container. It is unlawful for any person to deposit any solid waste, organic waste, or recyclable materials in any city sewer or plumbing fixture or pipe connected thereto, except through an approved mechanical device which shreds and grinds said material. It is unlawful for any person to bury solid waste, recyclable materials or organic waste.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
It is unlawful for the owner, occupant, or person in charge of any premises to allow the accumulation of any solid waste, recyclable materials, or organic waste in, on, or under any premises at any time which is, or may become, a menace to health and sanitation or a fire hazard. It is unlawful for the owner, occupant, or person in charge of any premises to ever at any time suffer, permit, or allow any solid waste of any kind to remain in, on, or under such premises for a period in excess of fourteen days. All solid waste, recyclable materials, and organic waste shall be kept in containers as hereinafter provided. Notwithstanding the foregoing, junk which is too large or bulky to be placed in such containers may be kept instead in an enclosed structure or storage unit. Any unauthorized accumulation of solid waste on any property or premises is hereby declared an unlawful public nuisance, is hereby prohibited, and may be abated pursuant to the provisions of Chapter 8.00 (Nuisances) of this code.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
It is unlawful for any person to throw, place, scatter, or deposit, or cause to be thrown, placed, scattered, or deposited, upon any street, sidewalk, alley, or public place in the city, any litter, solid waste, recyclable materials, or organic waste, except that a property owner, occupant, tenant, customer, or their employee may place properly containerized or packaged materials at the curbside, parkway, or alley on regularly scheduled days provided by the city for removal of the same. Any litter, solid waste, recyclable materials, organic waste, or other materials located in the public right-of-way immediately adjacent to a premises shall be deemed to have originated from that premises unless the owner thereof can prove, to the reasonable satisfaction of the director of public works, that such materials did not originate from their property.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
It is unlawful for any person to burn any solid waste, recyclable material, organic waste, hazardous waste, infectious waste, or any other material described in this chapter on any street, alley, park, or public place within the city limits.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
Burning solid waste, recyclable material, organic waste, hazardous waste, infectious waste, or any other material described in this chapter on private property within the city is prohibited, unless a permit to do so has first been obtained from the city's fire service provider and shall be subject to any conditions as the chief of the city's fire service provider shall impose and shall be subject to the regulations of the Bay Area Air Quality Management District and any other applicable regulatory agency. No permit may be issued for the burning of any material which will emit dense soot or smoke or liberate obnoxious odors, nor shall any permit be granted for burning which will create hazards to persons or property. The residue from such burning shall be thoroughly extinguished without delay, so that no smoldering occurs. The city's fire service provider may revoke any permit issued pursuant to this section for failure to comply with the regulations of this chapter, with regulations of the Bay Area Air Quality Management District, or such reasonable conditions as the city's fire service provider shall have imposed in granting such permit.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
It is unlawful to collect or remove solid waste, organic waste or recyclable materials placed for collection by the city or city-authorized service provider.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
It is found and determined that the periodic collection, removal, and disposal of solid waste from all places and premises in the city benefits all owners of all places and premises in the city where solid waste accumulates and requires removal therefrom. Such owners are made liable for the payment of charges and fees for collection service hereinafter prescribed, irrespective of the actual use of the collection service provided by the city. No provision of this chapter shall be construed to prevent any property owner from requiring their tenant to subscribe to service for the collection of solid waste, recyclable materials, and/or organic waste; provided, however, that such arrangement does not excuse the owner of their obligations under this chapter if the tenant fails to comply.
Solid waste, organic waste, and recyclable materials shall not be transferred from non-subscribing premises to any other premises.
Unoccupied premises, for which the property owner can demonstrate to the satisfaction of the director of public works that there is no solid waste generated therein, may be exempted from the requirements of this section. Any property owner must demonstrate to the reasonable satisfaction of the director of public works that any unoccupied premises remains an unoccupied premises at any time upon city request.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
Subject to the limitations of Section 8.16.170, failure to subscribe for the collection of solid waste, recyclable materials, and organic waste as required by this chapter is unlawful. If the director of public works determines that any person has failed to subscribe for collection service as required by this chapter, a written notice may be sent to the person informing them of the violation and the requirements of this chapter. The notice shall direct the recipient to subscribe to service from the city within three days or seventy-two hours after the date of the notice and shall describe the penalties for continued failure to comply.
A continued failure to subscribe is unlawful and shall be subject to enforcement under Section 8.16.600 of this chapter. Additionally, failure to subscribe for the collection and disposal of solid waste may also result in abatement action by the city, including the city subscribing to the collection service on behalf of the property owner and the imposition of a special assessment lien upon the property for recovery of costs thereof.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
A property owner may apply to the city for an exemption from subscribing to city collection service. Property owners approved for an exemption will be required to submit monthly reports to the city identifying the disposition of all generated waste, by amount and location, demonstrating that a minimum of fifty percent of the waste generated was diverted from landfill disposal, and demonstrating that all material was handled in accordance with applicable law. Reports are due within five business days of month-end, in a format prescribed by the director of public works. The city may require property owners to re-apply for exemption on an annual basis. If a property owner fails to fulfill any requirements of this section, the city may provide service at the property and bill property owner as though the property owner had voluntarily subscribed to service. The director of public works reserves the right to charge an administrative fee to recover the costs incurred by this provision which will be included in the cost allocation plan.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
Unless otherwise provided for in this chapter, the minimum level of service for all residential and commercial properties, places and premises within city limits shall be as set forth in this chapter and other applicable laws, including, without limitation, as follows:
A. 
Residents must subscribe to and receive from the city not less than once-per-week solid waste collection and once-every-other-week organic waste and recyclable materials collection. One standard thirty-two-gallon (or similar size) cart per week per type of service shall be the minimum service for each dwelling unit. The city may determine whether a residence will receive cart or bin service, what size containers are appropriate, and whether less than one standard size cart per unit may satisfy the minimum service requirement for each unit of a particular duplex, triplex, fourplex, or multifamily premises.
B. 
Customers must establish solid waste collection service sufficient to remove solid waste generated by or accumulating weekly from the premises. If the city identifies a customer that consistently generates more solid waste than can be accommodated by the currently subscribed-to service level, the city is permitted to increase the subscribed-to service level and charge the associated fee as approved in the cost allocation plan. The city may consider three overages out of four sequential collections as consistent.
C. 
The city has the right to provide commercial customers the correct level of service. All commercial customers must subscribe to at least thirty-two gallons for black containers, sixty-four gallons for blue containers, and sixty-four gallons for green containers.
D. 
Nothing in this section prohibits a residential customer from preventing or reducing waste generation, managing organic waste through backyard residential composting, and/or using a community composting site.
E. 
Commercial premises and customers shall comply with the following as applicable:
1. 
Subscribe to and participate in the city's three-container collection service set forth in this section and chapter. City may require commercial customers to source separate food waste from other source-separated organic waste for collection.
2. 
Supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors as determined by the city for employees, contractors, tenants, and customers, consistent with the city's blue container, green container, and black container collection service or, if self-hauling, in accordance with Section 8.16.085.
3. 
Excluding multifamily premises, provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial customers does not generate any of the materials that would be collected in one type of container, then the customer does not have to provide that particular container in all areas where disposal containers are provided for customers. The containers provided by the commercial customer shall comply with the SB 1383 regulations.
4. 
To the extent practical through education, training, inspection, and/or other measures, excluding multifamily premises, prohibit employees from placing materials in a container not designated for those materials, or if recycling organics onsite or self-hauling per the commercial customers' instructions to support its compliance with this chapter and the SB 1383 regulations with its on-site recycling or self-haul program.
5. 
Excluding multifamily premises, periodically inspect containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
6. 
Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.
7. 
Provide education information before or within fourteen days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from black container waste (when applicable) and the location of containers and the rules governing their use at each property.
8. 
Provide or arrange access for the city to their properties during all inspections to confirm compliance with the requirements of this chapter.
9. 
If a commercial customers wishes to self-haul, meet the self-hauler requirements in Section 8.16.085.
10. 
Nothing in this subsection prohibits a customer from preventing or reducing waste generation, managing organic waste on site, or using a community composting site.
F. 
The director of public works may elect whether to meet the mandatory service requirements of SB 1383 regulations through the standard or performance options. The director of public works shall conduct all inspection, monitoring and other programs necessary to ensure compliance with the SB 1383 regulations and shall collect, maintain and provide all records required by the SB 1383 regulations or deemed advisable by the director.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
In all cases of disputes or complaints arising from or concerning where containers shall be placed awaiting removal of their contents, the quantities to be removed, and the number of times of removal; the director of public works shall determine the place, estimated quantities, and times and manner of removal. This shall apply to customers of city service as well as to customers of service from other city-authorized service providers. The director of public works may also prescribe the hydraulic hose, electrical, and hook up procedures for front loader compactor bins and roll-off compactors. The director of public works may also prescribe the requirements for locking of containers and enclosure doors.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
A. 
Unless otherwise provided for in this chapter, all solid waste created, produced or accumulated in or about premises in the city, other than solid waste listed in subsection C, shall be collected not less frequently than once every seven days.
B. 
Commercial customers may request black or green container collection up to five times per week or as many services per week as the city offers.
C. 
The following materials may be collected less frequently unless the city deems otherwise:
1. 
Temporary solid waste containers on construction or demolition sites containing no putrescible material shall be collected at least monthly.
2. 
Recyclable materials and organic waste which are source separated from solid waste shall be collected at least every fourteen days.
D. 
More frequent collections shall be made at those premises where it is determined by the director of public works that one collection each week is insufficient to maintain the premises in a clean and sanitary condition.
E. 
An overflowing container is hereby declared unlawful and a public nuisance; is hereby prohibited; and, may be abated pursuant to the provisions of Chapter 8.00 (Nuisances) of this code.
F. 
To the extent permitted by the SB 1383 regulations, customers may request suspension of solid waste service for a period of no less than one month and no longer than six months in a twelve-month period. Customer must provide the city with a start and end date for service suspension. The city may remove containers when service is suspended. Service will resume and associated charges will be re-instated on the customer-service resumption date. Should the containers not be removed and the customer places any container for collection during the period of the requested vacation hold, without previously notifying the city of an early end to the service suspension, the customer shall be responsible for all charges associated with service as though service had never been suspended.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
A. 
Ownership of Recyclable Materials. Upon placement of recyclable materials at a designated collection location, such recyclable materials shall become the property of the city or a city-authorized service provider engaged to collect such material.
B. 
Collection by Persons Other Than City or City-Authorized Service Provider Prohibited. It is unlawful for any person, except for the city or a city-authorized service provider, engaged to provide such service, to collect recyclable materials from a designated recycling collection container.
C. 
Generator's Right to Recycle. Nothing in this chapter limits the right of any person to sell, donate, or otherwise divert their own recyclable materials from landfilling, except that recyclable materials deposited into containers provided by city or a city-authorized service provider and placed for collection shall become the property of the city or city-authorized service provider as provided for in subsection A of this section.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
A. 
De Minimis Waivers. The city may waive a commercial customer's obligation to comply with some or all of the organic waste requirements of this chapter if the commercial customers provides documentation that the customers generates below a certain amount of organic waste material as described below. Commercial customers requesting a de minimis waiver shall:
1. 
Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted below.
2. 
Provide documentation that either:
a. 
The commercial customer's total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than twenty gallons per week per applicable container of the customer's total waste; or
b. 
The commercial customer's total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten gallons per week per applicable container of the customer's total waste.
3. 
Notify city if circumstances change such that commercial customer's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
4. 
Provide written verification of eligibility for de minimis waiver every five years, if the city has approved de minimis waiver.
B. 
Physical Space Waivers. The city may waive a commercial customer's obligations to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements. A commercial customer may request a physical space waiver through the following process:
1. 
Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
2. 
Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.
3. 
Provide written verification to the city that it is still eligible for physical space waiver every five years, if the city has approved application for a physical space waiver.
C. 
Additional Waivers. The city may provide any additional waivers of the requirements of this chapter to the extent permitted by applicable law. The director of public works shall be responsible for determining the grounds for the waiver, its scope, and appropriate administration.
D. 
Review and Approval of Waivers by City. Review and approval of waivers will be the responsibility of the director of public works.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
Event organizers and operators of events defined in Section 42648(b) or (c) in Part 3 of Division 30 of the Public Resources Code, otherwise known as AB 2176, shall assist the city in complying with Sections 42628 through 42911 of the Public Resources Code by completing a waste reduction plan and submitting documentation of diversion at the venues or events to the director of public works.
Section 42648(b) or (c) in Part 3 of Division 30 of the Public Resources Code applies to organizers and operators of events that charge admission or are operated by a local agency, and facilities or venues that serve an average of more than two thousand individuals per day of operation. Such facilities or venues may include, but are not limited to: street fairs; school, amateur, or professional sporting events; movie theaters; concert or performing arts venues; and carnivals.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
A. 
Fire Hazard. All containers must be placed as to minimize fire hazards and not be a public nuisance. If, upon notification by the city's fire service provider that the containers are in a fire hazardous location, they shall be relocated. Failure to relocate is unlawful.
B. 
Below Ground Surface. City personnel shall not service containers stored below the surface of the ground.
C. 
Inside Any Premises. City personnel shall not service containers from above the first floor of any premises, nor from the basement of any premises.
D. 
Private Property. City personnel shall not service containers from within buildings or on the property of any customer except any multifamily or commercial front-load bins that are within an enclosure without first receiving a private property waiver of liability in a form approved by the city risk manager in consultation with the city attorney.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
The tenant, occupant, owner, or lessee of any premises in the city may obtain a city-provided bin or roll-off box for the purpose of disposing of solid waste accumulated infrequently at the premises and over a thirty-day period. The person requesting special service is responsible to pay for the service in accordance with rates established by the city council. The city may be responsible for delivery and pickup of the container from the premises of the persons requesting service.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
The city may offer service assistance to residents who qualify for the city's special handling service as specified in the special handling services application. Such assistance will be set forth as established by the director of public works. Applications for special handling service must be approved by the city and reviewed annually or on such other schedule the director of public works deems appropriate. The city may limit such assistance to premises in which only an adult resident with a physical condition that prevents them from moving their carts to the curb on a regular basis also reside. Assistance may include bringing containers to and from the point of collection, and/or permitting residents to store containers closer to the point of collection. The city must be notified if any change(s) in premises occurs, including additional individuals inhabiting the property. Any customer receiving special handling service may be exempted by the director of public works from the requirements of Sections 8.16.360(B) and (C). No customer shall receive special handling service without first agreeing to and signing a private property waiver of liability form as described in Section 8.16.270.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
It is unlawful for any person in any manner to interfere with the collection, removal, or disposal of materials, including, but not limited to, solid waste, recyclable materials, or organic waste by the city.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
A. 
It is unlawful for any person to collect, transport, or carry solid waste, recyclable materials, organic waste, hazardous waste, infectious waste, and/or special handling materials in any vehicle which does not comply with all applicable laws.
B. 
It is unlawful for any individual to discard any object directly into any vehicle owned or operated by the city or a city-authorized service provider except for any city personnel, its duly authorized agents, contractors, volunteers, permittees, or franchisees.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
The person in charge of any premises in the city may gather the solid waste together and put it into a container approved by the city for that premises which can be conveniently handled by the city. For materials including, but not limited to, solid waste, recyclable materials, and organic waste collection purposes, carts, bins, roll-off boxes, compactor bins, and roll-off compactors shall be deemed acceptable for use by customers where approved by the city.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
No person shall place materials into the green or blue containers except those permitted for each container. Source-separated recyclable materials shall be placed in the blue container. Source-separated organic waste shall be placed in the green container. Other solid waste shall be placed in the black container. No person shall place materials designated for the black container into the green container or blue container, nor place materials designated for the green container or blue container into the black container. Collection of containers that are contaminated may be charged a contamination fee as approved in the city's cost allocation plan. Frequent contamination is defined as three violations within a one-year period. Additional charges, as specified in the cost allocation plan, may be added if contamination is found after material is delivered to the transfer station or other facility. Violations of this section may also be subject to any other penalties set forth in this chapter or code.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
All commercial customers shall comply with the following requirements regarding container enclosures:
A. 
All commercial premises must have container enclosures with adequate space accommodations for black, blue, and green containers, in accordance with the city's standard plans and specifications. All new commercial enclosures are subject to a plan check process including review, at a minimum, by the division of solid waste of the public works department of the city.
B. 
Enclosures must be located in places convenient for the removal of solid waste, recyclable materials, and/or organic waste and must be approved by the director of public works. Enclosures, including gates and gate hardware, must be maintained, in good working condition, and readily accessible by the city. If an enclosure is not adequately maintained, service may be withheld until condition is remedied to the satisfaction of the director of public works.
C. 
City-approved container enclosures are to be used for black, blue, and green containers only. Storage of other equipment or material is prohibited unless specifically approved in writing by the director of public works.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
All commercial customers shall comply with the following requirements regarding containers and their placement:
A. 
All containers shall be placed and maintained in a location readily accessible to the city and not constituting either a fire hazard or a public nuisance.
B. 
Upon written notification from the city that containers are being maintained in a hazardous or offensive condition, they shall be relocated immediately by the customer.
C. 
Failure to relocate the containers following notice is unlawful and punishable as specified in this chapter.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
Residential containers shall be placed as follows:
A. 
Carts must be placed for collection curbside in front of residence. The wheels of the cart will be placed in the gutter with the handle facing the residence. Carts will be at least three feet from each other and at least six feet from any obstruction such as, but not limited to, automobiles, trailers, motor homes, fences, lamp posts, mailboxes, or other containers. Carts are not to block pedestrian access.
B. 
Carts shall be screened from view, except when placed for collection. Each cart shall be placed for collection by five a.m. of collection day and no earlier than the preceding evening, and shall be removed by ten p.m. of collection day. Any customer receiving special handling service may be exempted from this section pursuant to Section 8.16.290 at the sole discretion of the director of public works.
C. 
For purposes of this section, "screened" means blocked from public view from the street or public right-of-way with a permanent fence, enclosure, landscaping, or other comparable facility as approved by the director of public works.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
A. 
Provision of Containers. The city may provide containers to customers for services provided.
B. 
Ownership. The city may retain ownership of the city-provided containers. Persons owning or renting property served by such containers are responsible for the security of the containers. Persons owning or renting property served by such containers shall, upon vacating the premises, leave the containers for the next occupant in a secure location upon the premises or, upon request of the city, place the container curbside for removal. Persons who have ordered an extra container shall, upon vacating the premises, call the city to have the extra container removed. Persons owning or renting property served by such containers are responsible for the appearance and cleanliness of the container.
C. 
Replacement Containers. The city shall have the authority to assess the fee as listed in the city-approved cost allocation plan for the replacement of containers that have been lost, stolen, damaged, unreturned, or destroyed due to any cause other than sole negligence or misuse by the city or its employees, which shall be determined by the director of public works.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
A. 
It is unlawful for any person to dump or place any material into, or to utilize, any container without consent of the owner or lessee of the container.
B. 
It is unlawful for any person, without the consent of the owner or lessee of the container, to enter into a container, for the purpose of salvaging any item therein or for the purpose of utilizing the container to rest or sleep therein.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
A. 
Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024.
B. 
Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.
C. 
Commercial edible food generators shall comply with the following requirements:
1. 
Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
2. 
Allow the city or its designee to access the premises and review records pursuant to 14 CCR Section 18991.4.
3. 
Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. 
A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. 
A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. 
A record of the following information for each of those food recovery services or food recovery organizations:
i. 
The name, address and contact information of the food recovery service or food recovery organization.
ii. 
The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
iii. 
The established frequency that food will be collected or self-hauled.
iv. 
The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
D. 
Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557, Chapter 557, Statutes of 2017.
(Ord. 1034 § 1, 2022)
A. 
Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1. 
The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
2. 
The quantity in pounds of edible food collected from each commercial edible food generator per month.
3. 
The quantity in pounds of edible food transported to each food recovery organization per month.
4. 
The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.
B. 
Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1. 
The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
2. 
The quantity in pounds of edible food received from each commercial edible food generator per month.
3. 
The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
C. 
Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city it is located in the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than January 30th annually.
D. 
Food Recovery Capacity Planning. In order to support edible food recovery capacity planning assessments or other studies, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within sixty days, unless a shorter timeframe is otherwise specified by the city.
(Ord. 1034 § 1, 2022)
Materials not permitted to be placed in containers for collection by the city include hot ashes, sharps, flammables, live ammunition, household hazardous waste (including electronic and other universal waste), infectious waste, explosive substances, poison, hazardous chemicals, offal, animals, and similar materials. The city may charge a contamination fee as approved in the city's cost allocation plan if any prohibited materials are found in any containers.
No person shall place any wearing apparel, bedding, or other material from homes or other places where highly infectious or contagious diseases have prevailed.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
The disposal of electronic waste, such as televisions and computer monitors, and other universal waste, such as fluorescent bulbs and household batteries, is prohibited as per applicable law. Generators are responsible for transporting such waste to an approved facility for proper recycling and diversion from landfilling. The city may, but is not obligated to, provide for collection of select materials at rates established by the city council.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
The tenant, occupant, owner, or lessee of any premises in the city shall not dispose of any medical or biohazardous waste in a city-owned container. Disposal of medical or biohazardous waste shall be performed through a licensed collection and disposal company, which complies with all applicable laws and regulations, including, but not limited to, California Health and Safety Code Sections 117600 through 118360.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
Any person found to be violating any provision of this chapter, or any other ordinance, rule or regulation of the city, will be given written notice stating the nature of the violation and providing a reasonable time limit for satisfactory corrective action. Except in the case of emergencies when the public interest and necessity require otherwise, and for the nonpayment of bills as set forth in Chapter 3.26, the time limit to correct such violation will be three working days. The property owner will be held strictly responsible for any and all acts of their tenants, agents, employees, contractors, licensees, permittees, guests or invitees.
In addition to all the enforcement mechanisms and penalties specified in this code, including those contained in Section 1.16.010, for violations of any rule or regulation established in this chapter or any other provision of this code related to the solid waste system, the city may recover all costs incurred by the city in attending to the violation and require payment of all applicable fees in the cost allocation plan as well as legal fees and costs as set forth in Chapter 3.26.
The city may file civil actions to request the court to grant, as appropriate, any or all of the following remedies:
A. 
A temporary and/or permanent injunction.
B. 
Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this chapter.
C. 
Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation, including reasonable attorneys' fees and costs of suit.
The city may also pursue criminal prosecution for violations pursuant to Penal Code Section 498 or such other applicable laws.
Any administrative or civil penalties or fines shall be subject to any minimum amounts prescribed by the SB 1383 regulations. The city shall conduct any mandatory enforcement required by the SB 1383 regulations.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022; Ord. 1065, 12/12/2023)
If a customer fails to pay a solid waste bill pursuant to this code, the city may discontinue water and/or solid waste service and assess any late charges and penalties as set forth in Chapter 3.26 of this code.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
A customer may comment or complain about solid waste, recyclable materials, or organic waste collection service by writing, emailing or telephoning the city. The director of public works or designee will meet with the customer in person or by telephone, at the customer's request, and endeavor to resolve the issue. The director of public works will issue a decision on the issue in writing, which decision will be final unless appealed in writing to the city manager as set forth in Section 8.16.630.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)
A customer may appeal a decision of the director of public works in writing to the city manager within five days of receipt of the director of public works' ruling. The written appeal must state the reason for the appeal and specify any facts or evidence in support of the request. The city manager or designee, who may be a city hearing officer, will promptly consider the appeal and provide a written decision within ten days of the filing of an appeal. The city manager's determination will be final. A dispute over billing will be addressed through the procedures set forth in Chapter 3.26.
(Ord. 921 § 2, 2013; Ord. 1034 § 1, 2022)