The following words, terms, and phrases when used herein shall
have the meaning ascribed to them in this section except where the
context clearly indicates a different meaning.
means the California Integrated Waste Management Act of 1989
(Division 30, California Public Resources Code), as amended, supplemented,
superseded, and replaced from time to time.
means generating and transporting recyclable materials or
organic waste to a destination owned and operated by the generator
or responsible party using the generator's or responsible party's
own employees and equipment, or as otherwise defined in 14 CCR Section
18982(a)(66)(A).
means a container with capacity of approximately one to eight
cubic yards, with a hinged lid, and with wheels (where appropriate),
that is serviced by a front end-loading collection vehicle.
means all other buildings and structures not defined as dwellings.
means California's Department of Resources Recycling and
Recovery.
means the State of California Code of Regulations. CCR references
in this chapter are preceded with a number that refers to the relevant
title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
means the City of Stockton.
means the City Manager of the City of Stockton.
means the act of collecting recyclable materials, organic
materials, solid waste, bulky items, and other material at the place
of generation in City.
means persons, firms, or corporations authorized by the City
Council by franchise, contract, or permit to collect, transport, and
process or dispose of discarded materials on an on-call and/or regularly
scheduled basis.
means of, from, or pertaining to non-residential premises
where 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
that are permitted under applicable zoning regulations and are not
the primary use of the property.
includes a tier one or a tier two commercial edible food
generator as defined in this chapter, or as otherwise defined in 14
CCR Sections 18982(a)(73) and (a)(74). For the purposes of this definition,
food recovery organizations and food recovery services are not commercial
edible food generators pursuant to 14 CCR Section 18982(a)(7).
means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in
combination, for which the total amount of feedstock and compost on
site at any one time does not exceed 100 cubic yards and 750 square
feet, as specified in 14 CCR Section 17855(a)(4), or as otherwise
defined by 14 CCR Section 18982(a)(8).
means a review of records by the City or its designee to
determine compliance with this chapter.
includes a controlled biological decomposition of organic
materials yielding a safe and nuisance free compost product.
includes discarded building materials, packaging, debris,
and rubble resulting from construction, alteration, remodeling, repair,
or demolition operations on any pavements, excavation projects, houses,
commercial buildings, or other structures; but excludes excluded waste.
Construction and demolition debris includes rocks, soils, tree remains,
and other yard trimmings that result from land clearing or land development
operations in preparation for construction.
means the following: (1) discarded materials placed in a
recyclable materials container that are not identified as recyclable
materials; (2) discarded materials placed in an organic materials
container that are not identified as organic materials; (3) discarded
materials placed in a solid waste container that are identified as
recyclable materials and/or organic materials, which are to be separately
collected; and/or (4) excluded waste placed in any container.
means an entity that the City contracts with or otherwise
arranges to carry out any of the City's responsibilities of this chapter
as authorized in 14 CCR Section 18981.2 or other applicable law. A
designee may be a government entity, a collector, a private entity,
or a combination of those entities.
means the Public Works Director of the City of Stockton,
acting either directly or through authorized agents or designees.
means recyclable materials, organic materials, and solid
waste placed by a generator in a receptacle and/or at a location for
the purposes of collection by a collector, excluding excluded waste.
means a landfill, or other facility, for ultimate disposal
of solid waste.
means an occupied residence, flat, apartment, or other facility
used for housing one or more persons in the City.
means any individual living unit in a single-family or multifamily
structure or building, mobile home, or motor home located on a permanent
site intended for, or capable of being utilized for, residential living
other than a hotel or motel.
means food that is unsold or unserved and meets all quality
and labeling standards imposed by Federal, State, and local laws and
regulations even though the food may not be readily marketable due
to appearance, age, freshness, grade, size, surplus, or other conditions,
or as otherwise defined in 14 CCR Section 18982(a)(18). Edible food
is not discarded materials if it is recovered and not discarded.
means an action of the City to address noncompliance with
this chapter, including, but not limited to, issuing administrative
citations, fines, penalties, or using other remedies.
means hazardous substance, hazardous waste, infectious waste,
designated waste, volatile, corrosive, biomedical, infectious, biohazardous,
and toxic substances or material, waste that the collector reasonably
believes would, as a result of or upon disposal, be a violation of
local, State or Federal law, regulation or ordinance, including land
use restrictions or conditions, waste that cannot be disposed of in
class III landfills, waste that in the collector's reasonable opinion
would present a significant risk to human health or the environment,
cause a nuisance or otherwise create or expose the collector or City
to potential liability; but not including de minimis volumes or concentrations
of waste of a type and amount normally found in residential solid
waste after implementation of programs for the safe collection, recycling,
treatment, and disposal of batteries and paint in compliance with
Sections 41500 and 41802 of the California Public Resources Code.
means a company that distributes food to entities, including,
but not limited to, supermarkets and grocery stores, or as otherwise
defined in 14 CCR Section 18982(a)(22).
has the same meaning as in Section 113789 of the Health and
Safety Code.
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).
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:
A food bank as defined in Section 113783 of the Health and Safety
Code;
A nonprofit charitable organization as defined in Section 113841
of the Health and Safety Code; and
A nonprofit charitable temporary food facility as defined in
Section 113842 of the Health and Safety Code.
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A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.
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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). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
means those discarded materials that will decompose and/or
putrefy including: (1) all kitchen and table food waste; (2) animal
or vegetable waste that is generated during or results from the storage,
preparation, cooking, or handling of food stuffs; (3) discarded paper
(including paper containers and cartons) that is contaminated with
food scraps and compostables; (4) fruit waste, grain waste, dairy
waste, meat, and fish waste; and (5) vegetable trimmings, houseplant
trimmings, and other compostable organic waste common to the occupancy
of residential dwellings. Food scraps are a subset of organic materials.
means any person whose act or process produces discarded
materials as defined in the Public Resources Code, or whose act first
causes discarded materials to become subject to regulation.
means a store primarily engaged in the retail sale of canned
food, dry goods, fresh fruits and vegetables, fresh meats, fish, and
poultry; and any area that is not separately owned within the store
where the food is prepared and served, including a bakery, deli, and
meat and seafood departments, or as otherwise defined in 14 CCR Section
18982(a)(30).
means the designated itinerary or sequence of stops for each
segment of the City's collection service area, or as otherwise defined
in 14 CCR Section 18982(a)(31.5).
means and includes all types of solid wastes and semisolid
wastes that result from manufacturing facilities, factories, food
processors, refineries, and publicly-operated treatment works.
means a person authorized by the City by permit to collect
industrial waste within the City.
means a site visit or other activities where a City reviews
records, containers, and/or an entity's collection, handling, recycling,
or landfill disposal of recyclable materials, organic waste, solid
waste/mixed waste, or edible food handling to determine if the entity
is complying with requirements set forth in this chapter, or as otherwise
defined in 14 CCR Section 18982(a)(35).
means a disposal site employing a method of disposing of
solid wastes on land without creating nuisances or hazards to public
health or safety, by utilizing principles of engineering to confine
the wastes to the smallest practical area, with a layer of suitable
cover material at specific designated intervals.
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 2,000 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. If the definition in 14 CCR Section 18982(a)(38) differs
from this definition, the definition in 14 CCR Section 18982(a)(38)
shall apply to this chapter.
means a permanent venue facility that annually seats or serves an average of more than 2,000 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. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.
means a school district, charter school, or County office
of education that is not subject to the control of City or County
regulations related to solid waste, or as otherwise defined in 14
CCR Section 18982(a)(40).
means any residential premises, other than a single-family
premises, with four or more dwelling units used for residential purposes
(regardless of whether residence therein is temporary or permanent),
including such premises when combined in the same building with commercial
establishments, that receive centralized, shared, collection service
for all units on the premises that are billed to one customer at one
address. Customers residing in townhouses, mobile homes, condominiums,
or other structures with four or more dwelling units who receive individual
service and are billed separately shall not be considered multifamily,
unless otherwise required by applicable law.
means the person who occupies a premises.
means yard trimmings and food scraps, individually or collectively.
No discarded material shall be considered to be organic materials,
however, unless it is separated from recyclable materials and solid
waste.
shall be used for the purpose of storage and collection of
source separated organic materials.
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).
when used with reference to a dwelling, means and shall conclusively
be deemed to be the person(s) holding legal title to real property
and/or any improvements thereon, and shall include the person(s) listed
on the latest equalized assessment roll of the county assessor.
means a person authorized by the City by permit to collect
industrial wastes, commercial recyclable materials, or construction
and demolition debris.
means any individual, firm, association, partnership, corporation,
trust, joint venture, or other legal entity.
means and includes a tract or parcel of land with or without
habitable buildings or appurtenant structures.
means and includes wastes that are capable of being decomposed
by micro-organisms with sufficient rapidity as to cause nuisances
because of odors, gases, or other offensive conditions, and include
materials such as food wastes, offal, and dead animals.
means discarded materials that the generators set out in
recyclable containers for collection for the purpose of recycling
by the collector and that exclude excluded waste. No discarded materials
shall be considered recyclable materials unless such material is separated
from organic materials and solid waste.
shall be used for the purpose of storage and collection of
source separated recyclable materials.
means the process of collection, sorting, cleansing, treating,
and reconstituting recyclable materials that would otherwise be disposed
of, and returning them to the economy in the form of raw materials
for new, reused, repaired, refabricated, remanufactured, or reconstituted
products.
means the act of taking solid wastes from the place of waste
generation either by an approved collection agent or by a person in
control of the premises.
means the use of the Internet of Things (IoT) and/or wireless
electronic devices to visualize the contents of recyclable materials
containers, organic materials containers, and solid waste containers
for purposes of identifying the quantity of materials in containers
(level of fill) and/or presence of contamination.
means of, from, or pertaining to a single-family premises,
including single-family homes, duplexes, triplexes, townhouse complexes,
and mobile home parks.
means the owner, property manager, tenant, lessee, occupant,
or other designee that subscribes to and pays for recyclable materials,
organic materials, and/or solid waste collection services for a premise
in the City, or, if there is no such subscriber, the owner or property
manager of a single-family premise, multifamily premise, or commercial
premise. In instances of dispute or uncertainty regarding who is the
responsible party for a premises, responsible party shall mean the
owner of a single-family premise, multifamily premise, or commercial
premise.
means an establishment primarily engaged in the retail sale
of food and drinks for on-premises or immediate consumption, or as
otherwise defined in 14 CCR Section 18982(a)(64).
means a visual inspection of containers along a hauler route
for the purpose of determining container contamination, in a manner
approved by the Director or their designee, or as otherwise defined
in 14 CCR Section 18982(a)(65).
means the Short-Lived Climate Pollutants Act of 2016 (an
act to add Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the
Health and Safety Code, and to add Chapter 13.1 [commencing with Section
42652] to Part 3 of Division 30 of the Public Resources Code, relating
to methane emissions), also commonly referred to as "SB 1383," as
amended, supplemented, superseded, and replaced from time to time.
means to act as a self-hauler.
means a person who hauls solid waste, organic waste, or recyclable
material they have generated to another person, subject to City approval
in accordance with this chapter. Self-hauler also includes a landscaper
or a person who back-hauls waste.
means any detached or attached house or residence designed
or used for occupancy by one family, with three or fewer distinct
living units, provided that collection service feasibly can be provided
to such premises as an independent unit, and the owner or occupant
of such independent unit is billed directly for the collection service.
Single-family includes townhouses, and each independent unit of duplex
or triplex residential structures, regardless of whether each unit
is separately billed for their specific service level.
means solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, Section 40191 and regulations promulgated hereunder. Excluded from the definition of solid waste are excluded waste, C&D, source separated recyclable materials, source separated organic materials, and radioactive waste. Notwithstanding any provision to the contrary, solid waste may include de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of household hazardous waste in compliance with Sections 41500 and 41802 of the California Public Resources Code as may be amended from time to time. Solid waste includes salvageable materials only when such materials are included for collection in a solid waste container not source separated from solid waste at the site of generation.
shall be used for the purpose of storage and collection of
solid waste.
means the segregation, by the generator, of materials designated
for separate collection for some form of recycling, composting, recovery,
or reuse.
means the State of California.
means a full-line, self-service retail store with gross annual
sales of $2,000,000 or more, and that 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).
means a person who is legally in control of, but is not necessarily
the legal owner of, a building, a part of a building, a dwelling unit,
or any type of premises. Tenant is synonymous with occupant or lessee.
means a commercial edible food generator that is one of the
following:
means a commercial edible food generator that is one of the
following:
Restaurant with 250 or more seats, or a total facility size
equal to or greater than 5,000 square feet.
Hotel with an on-site food facility and 200 or more rooms.
Health facility with an on-site food facility and 100 or more
beds.
Large venue.
Large event.
A State agency with a cafeteria with 250 or more seats or total
cafeteria facility size equal to or greater than 5,000 square feet.
A local education agency facility with an on-site food facility.
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).
means any parcel of real property that is not improved with a community garden, as defined by Section 16.240.020, or a completed permitted structure.
means those discarded 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 resulting from normal yard and landscaping maintenance
that may be specified by the City or applicable law for collection
and processing as organic materials, in accordance with this chapter.
Yard trimmings does not include items herein defined as excluded waste.
Yard trimmings are a subset of organic materials.
(Prior code § 7-050; Ord. 2020-09-15-1501 C.S. § 4; Ord. 2022-06-14-1502 C.S. § 1)
It shall be mandatory for the record owner of any property in the City in and from which solid waste is created, accumulated, or produced, unless requirements are otherwise waived or exempted subject to Section 8.04.190, to:
A.
Subscribe
to and pay for City's three container collection services for at least
weekly collection of recyclable materials, organic materials, and
solid waste;
B.
Place
and/or direct its generators to place at a location accessible to
the collector or permittee, an adequate container or containers provided
by the collector or permittee for deposit of discarded materials of
such a number, type, or capacity as the Director may prescribe;
C.
Place,
and/or direct its generators to place, source separated organic materials
in the organic materials container; source separated recyclable materials
in the recyclable materials container; and solid waste in the solid
waste container;
D.
Not
place and/or direct its generators to not place contamination in collection
containers and not place materials designated for the organic materials
containers or recyclable materials containers in the solid waste containers;
(Prior code § 7-051; Ord. 2019-02-05-1403 C.S. § 2; Ord. 2019-11-05-1403-02 C.S. § 2; Ord. 2022-06-14-1502 C.S. § 1)
A.
When
an owner or occupant fails to initiate adequate discarded materials
collection service within 10 days of occupancy of a dwelling by any
person, the Public Works Director will give the owner or occupant
notification that such service is required. If the owner or occupant
does not arrange with the collector for service within 10 days from
the date of mailing of the notice, then the collector shall initiate
and continue discarded materials collection service for said dwelling.
B.
When,
in the opinion of the Director, additional discarded materials containers,
more frequent services, or other service modifications are required,
they shall be provided for by the owner or occupant upon written notification
from the Director.
(Prior code § 7-051.1; Ord. 2022-06-14-1502 C.S. § 1)
A.
Responsible
parties of multifamily premises shall provide or arrange for recyclable
materials, organic materials, and solid waste collection services
consistent with this chapter for employees, contractors, and tenants.
B.
Responsible
parties of multifamily premises shall:
1.
Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers consistent with City's recyclable materials container, organic materials container, and solid waste container collection service and, if self-hauling, consistent with the multifamily premise's approach to complying with self-hauler requirements in Section 8.04.255.
2.
Annually
provide information to employees, contractors, tenants, and customers
about recyclable materials and organic waste recovery requirements
and about proper sorting of recyclable materials, organic materials,
and solid waste.
3.
Provide
education information before or within 14 days of occupation of the
premises to new tenants that describes requirements to source separate
recyclable materials and organic materials, the location of containers,
and the rules governing their use at each property.
4.
Provide
or arrange access for City or its designee to their properties during
all inspections conducted in accordance with this chapter to confirm
compliance with the requirements of this chapter.
C.
If the responsible party of a multifamily premise wants to self-haul, meet the self-hauler requirements in Section 8.04.255.
D.
Multifamily
premises with at least five dwelling units that generate two cubic
yards or more of total solid waste, recyclable materials, and organic
materials per week (or other threshold defined by the State) that
arrange for gardening or landscaping services, shall require that
the contract or work agreement between the owner, occupant, or operator
of a multifamily premises and a gardening or landscaping service specifies
that the designated organic materials generated by those services
be managed in compliance with this chapter.
(Ord. 2022-06-14-1502 C.S. § 1)
A.
Responsible
parties of commercial businesses shall provide or arrange for recyclable
materials, organic materials, and solid waste collection services
consistent with this chapter for employees, contractors, tenants,
and customers.
B.
Responsible
parties of commercial premises shall:
1.
Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subsection (B)(2) below) for employees, contractors, tenants, and customers, consistent with City's recyclable materials container, organic materials container, and solid waste container collection service and, if self-hauling, consistent with the commercial premise's approach to complying with self-hauler requirements in Section 8.04.255.
2.
Provide
containers for the collection of source separated recyclable materials
and source separated organic materials in all indoor and outdoor areas
where solid waste containers are provided for customers, for materials
generated by that commercial business. Such containers shall be visible
and easily accessible. Such containers do not need to be provided
in restrooms. If a commercial business does not generate any of the
materials that would be collected in one type of container, then the
responsible party of the commercial business does not have to provide
that particular container in all areas where solid waste containers
are provided for customers. Pursuant to 14 CCR Section 18984.9(b),
the containers provided by the responsible party of the commercial
business shall have either:
a.
A body and/or lid that is blue for recyclable materials, green for
organic materials, and grey for solid waste conforms with the container
colors provided through the collection service provided by City, or
b.
Container labels that include language or graphic images, or both,
indicating the primary material accepted and the primary materials
prohibited in that container, or containers with imprinted text or
graphic images that indicate the primary materials accepted and primary
materials prohibited in the container.
3.
To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the City's recyclable materials container, organic materials container, and solid waste container collection service and, if self-hauling, per the instructions of the commercial business's responsible party to support its compliance with self-hauler requirements provided in Section 8.04.255 of this chapter.
4.
Periodically
inspect recyclable materials containers, organic materials containers,
and solid waste 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).
5.
Annually,
provide information to employees, contractors, tenants, and customers
about recyclable materials and organic waste recovery requirements
and about proper sorting of recyclable materials, organic materials,
and solid waste.
6.
Provide
education information before or within 14 days of occupation of the
premises to new tenants that describes: (a) requirements to source
separate recyclable materials and organic materials and keep source
separated organic materials and source separated recyclable materials
separate from each other and from other solid waste; (b) the location
of containers; and (c) the rules governing containers' use at each
property.
7.
Provide
or arrange access for City or its designee to their properties during
all inspections conducted in accordance with this chapter to confirm
compliance with the requirements of this chapter.
C.
If the responsible party of a commercial business wants to self-haul, meet the self-hauler requirements in Section 8.04.255 of this chapter.
(Ord. 2022-06-14-1502 C.S. § 1)
Every person in possession, charge, or control of, and using,
any place or premises in the City fronting on a street, alley, or
other public right-of-way shall maintain the portion of the street,
alley, or other public right-of-way adjacent to the place or premises
in a condition free from discarded materials and waste matter. For
the purposes of this section, the portion of a street, alley, or other
public right-of-way adjacent to a place or premises includes any walkway,
trail, sidewalk, parkway, curb and gutter, and the travel lane portion
of the roadway on the side of the street or alley adjoining the property.
The City may provide street sweeping services and collect a fee therefor
as a part of the solid waste charge in partial satisfaction of this
section.
(Prior code § 7-051.2; Ord. 2022-06-14-1502 C.S. § 1)
A.
All
discarded materials containers shall be kept clean and sanitary and
portable by the owner or other person responsible for providing the
container under the provisions of this section.
B.
If the
collector is permitted or required to provide containers as a provision
of its franchise, contract, or permit, all containers shall comply
with the requirements established pursuant to the provisions of the
franchise, contract, or permit, or as otherwise specified by applicable
law.
C.
Loading
of containers shall be subject to the weight limitations established
by the Public Works Director.
D.
Separate
containers for various types of recyclable materials and organic materials
shall be provided according to written directives issued by the Public
Works Director.
(Prior code § 7-051.3; Ord. 2022-06-14-1502 C.S. § 1)
On collection days, all containers and parcels of discarded
materials shall be placed adjacent to the roadway in a manner that
does not block any travel way, parking area, or gutter. Loaded containers
ready for collection shall not be set out before 6:00 p.m. on the
day prior to the regular collection day. Containers shall be returned
to a proper storage location on private property and not visible from
the public right-of-way not later than 11:00 p.m. on the day of collection.
The City Council may, by resolution, from time to time, prescribe
days and hours for the collection of solid waste and recyclable material
from property within certain areas of the City. Within such areas,
all solid waste and recyclable material shall be made available for
collection at the designated day and time.
(Prior code § 7-051.4; Ord. 2022-06-14-1502 C.S. § 1)
A.
Waste
consisting of flammable liquids, anti-freeze, insecticides, poisons,
caustics, acids, explosives, liquid paint, or other household hazardous
waste material, shall not be placed for collection service, but rather
shall be disposed of at designated hazardous waste facilities, or
as otherwise required by law.
B.
Used
motor oil and used oil filters may be placed in appropriate containers
for collection as designated by the Public Works Director.
C.
Medical
waste shall not be placed for collection through solid waste services,
but rather shall be disposed of as otherwise required by law.
D.
Recyclable
materials and organic materials shall be separated from other solid
waste for collection. However, the collector shall not refuse to collect
solid waste from containers properly placed according to this article
because it contains incidental amounts of recyclable materials or
organic materials.
E.
Large
household or bulky items shall not be placed for collection through
the collection services containers, but rather shall be placed in
accordance with any administrative or operational requirements established
by the Director or their designee and applicable law, and in accordance
with the current franchise agreement as applicable.
(Prior code § 7-051.5; Ord. 2022-06-14-1502 C.S. § 1)
A.
Bins
shall be placed in an accessible, outside location, on a hard surface.
Bins shall be kept in enclosures meeting standards approved by the
Public Works Director. The Public Works Director may waive the requirement
for enclosure of a bin on the premise or may establish a time schedule
for implementation of the enclosure requirement upon application by
the person responsible for the premise and a finding of good cause.
Any such waiver shall be in writing and maintained in the records
of the Public Works Department. Locked or inaccessible bins will be
serviced only by special arrangement with the collector.
B.
It is
unlawful to place a bin in any public street, alley, or right-of-way
without the express written permission of the Public Works Director
upon such terms and conditions as the Public Works Director deems
appropriate in the public interest.
(Prior code § 7-051.6; Ord. 2022-06-14-1502 C.S § 1)
Any container that does not conform with the provisions of this
chapter may be summarily abated as a public nuisance by the City.
Such summary abatement shall occur only after written or electronic
notice of the non-complying nature of the container has been provided
and the container has thereafter been used a second time for disposal
of solid waste.
(Prior code § 7-051.7; Ord. 2022-06-14-1502 C.S. § 1)
Regulated entities shall at all times comply with the requirements
of the California Green Building Standards Code (24 CCR, Part 11),
including, but not limited to, the following provisions related to
discarded materials:
(Prior code § 7.051.8; Ord. 2022-06-14-1502 C.S. § 1)
A.
It is
unlawful for any person to scavenge, tamper with, move, remove, tip,
deface, or destroy any discarded materials collection container or
the contents thereof;
B.
This
section shall not apply to activities of the City, the collector,
the owner or occupant of a premises, or a person authorized by the
City to perform activities under this chapter.
(Prior code § 7-051.9; Ord. 2022-06-14-1502 C.S. § 1)
A.
Pursuant
to the provisions of this chapter and the terms and conditions of
any applicable franchise or permit, the collector shall be entitled
to payment from the owner or occupant for services rendered. When
the owner or occupant has been directed to initiate service and the
collector attempts to collect discarded materials from the dwelling,
then such attempts shall be deemed the rendering of collection service
for which collector is entitled to compensation in the same manner
and amount as if discarded materials had actually been collected.
B.
For single-family discarded materials, multifamily discarded materials, commercial discarded materials, and industrial waste, collectors shall bill directly to the owner or occupant for collection services rendered. The collector may require that the record owner be the customer of record. Moreover, the collector or permittee may permit a tenant or authorized agent to receive bills pursuant to procedures prescribed by the City and provided that the property owner remains ultimately fully responsible and liable for payment. In all such events where the property owner is the customer of record or fully responsible and liable for payment, the collector or permittee may request that the City collect any delinquent or unpaid fees through a lien or special assessment under the procedures set forth in Section 8.04.160 or Government Code Section 38790.1 as it may be amended.
(Prior code § 7-051.11; Ord. 2019-11-05-1403-02 C.S. § 3; Ord. 2022-06-14-1502 C.S. § 1)
A.
A unified
bill includes charges for water services provided by the City and
all other service charges including sewer, discarded materials, and
stormwater service charges.
B.
A bill
that does not contain charges for water services provided by the City
is not a unified bill as used in this chapter.
C.
Water
services not provided by the City may be billed separately from other
City service charges at the water service provider's sole discretion.
(Ord. 2019-02-05-1403 C.S. § 3; Ord. 2022-06-14-1502 C.S. § 1)
A.
All
accounts for discarded materials collection services shall be established
by and held in the name of the record owner of the property where
the discarded materials services are to be provided.
B.
At the
time the application for discarded materials collection services is
requested, and at the Chief Financial Officer's sole discretion, the
applicant shall provide proof of ownership of the property to be served.
C.
The
record owner of a property receiving discarded materials collection
services shall be fully responsible and liable for the payment of
all discarded materials collection service charges, any delinquent
discarded materials collection service charges, and any penalties
applicable to his or her property.
D.
The
Chief Financial Officer may, in the Chief Financial Officer's sole
discretion, send the bill for discarded materials collection services
to a tenant or any other person or entity designated by the record
owner, provided the record owner or his or her authorized representative
submits to the City a complete and signed request to bill the tenant
or other designated person or entity on such form as may be specified
by the Chief Financial Officer.
E.
If, in accordance with subsection D of this section, a bill is sent to a person or entity other than the record owner, then the service account shall remain in the record owner's name and the record owner shall be fully responsible and liable for the payment of any discarded materials collection service charges, any delinquent discarded materials collection service charges, and penalties applicable to their property as if the bill had been sent to the record owner.
F.
The method of billing for residential discarded materials collection services will be determined by the Chief Financial Officer with the concurrence of the City Manager. Notification of billing changes to any property where discarded materials services are provided shall be provided to the record owner, tenant, designated person, or entity authorized to receive a bill for discarded materials collection service charges pursuant to subsection D of this section.
G.
Except as provided in subsection D, residential discarded materials collection service charges will be billed on a unified bill to the record owner if the water services are provided by the City at the service location. Residential properties that consist of two or more separate dwelling units, and are served by a single water meter, shall be billed for discarded materials collection service for the total number of separate residential dwelling units served by such water meter on a unified bill.
H.
If a
property does not receive water services from the City, the discarded
materials collection service charges may be billed separately or with
other utility services provided by the City.
I.
Notwithstanding anything to the contrary in this chapter or code, the City may permit the collector or permittee of the City to bill record owners for service provided by the collector or permittee pursuant to the procedures prescribed by the City. Moreover, the collector or permittee may permit a tenant or authorized agent to receive bills pursuant to procedures prescribed by the City and provided that the property owner remains ultimately fully responsible and liable for payment. In all such events, the collector or permittee may request that the City collect any delinquent or unpaid fees through a lien or special assessment as permitted in Section 8.04.160 or Government Code Section 38790.1 as it may be amended.
(Prior code § 7-051.12; Ord. 2019-02-05-1403 C.S. § 4; Ord. 2019-11-05-1403-02 C.S. § 4; Ord. 2022-06-14-1502 C.S § 1)
All residential discarded materials charges shall be payable
to the City or its authorized agent for billing and collection.
(Prior code § 7-051.13; Ord. 2022-06-14-1502 C.S. § 1)
A.
An account
is delinquent when payment of the bill for discarded materials collection
service charges is not received in full at the office of the City
or its authorized agent for billing and collection within 25 days
of the billing date. A postmark date is not considered the date of
payment.
B.
Where
all or any part of any bill for a discarded materials collection services
account remains unpaid 25 days after the billing date, a basic penalty
of 10 percent of the total delinquent amount will be added to such
bill for the first month the account is delinquent. In addition, the
City may impose a penalty in an amount not to exceed 1% per month
for nonpayment of any discarded materials service charges and any
basic penalty.
C.
Except
as otherwise provided by law, if a unified bill remains unpaid more
than 60 days after the date of billing, City water service at the
service location may be terminated.
1.
City
water service will not be restored until the amount of all delinquent
discarded materials collection service charges, associated service
charges, penalties, deposits, and reconnection charges have been paid
in full.
2.
Prior
to termination of water service, the Chief Financial Officer, in the
Chief Financial Officer's sole discretion, may authorize an amortization
agreement pursuant to Section 779 or 10010 of the Public Utilities
Code or other applicable statute or regulation.
D.
The
City shall include a statement in each bill for discarded materials
collection service charges to each record owner in substantially the
following form:
"Discarded materials collection service charges and any penalties
shall constitute a lien against the lot or parcel of land against
which the charges and any penalties are imposed if the charges remain
delinquent for 60 or more days."
Pursuant to such notice, the discarded materials collection
service charges and penalties may become a lien against the lot or
parcel of land against which the charges were imposed if such charges
remain delinquent for a period of 60 or more days. The City shall
cause to be recorded with the county recorder all such delinquent
discarded materials service charges and any penalties; and, when so
recorded, such charges and penalties shall have the force, effect,
and priority of a judgment lien and continue for 10 years from the
time of recording, unless sooner released or otherwise discharged.
(Prior code § 7-051.14; Ord. 2019-02-05-1403 C.S. § 5; Ord. 2019-11-05-1403-02 C.S. § 5; Ord. 2020-01-14-1102 C.S. § 2; Ord. 2022-06-14-1502 C.S. § 1)
The Administrative Services Officer, or authorized agent for
billing and collection, is responsible for maintaining adequate records
of bills tendered, payments received, delinquencies recorded, cash
deposited, and charges incurred. The records shall be maintained in
accordance with the City's record retention policy.
(Prior code § 7.051.15; Ord. 2022-06-14-1502 C.S. § 1)
A.
No discarded
materials collection services will be furnished to any property or
person free of charge.
B.
The
record owner of any property where discarded materials services are
provided shall be responsible for the payment of any and all discarded
materials collection service charges, any delinquent discarded materials
collection service charges, and any penalties applicable to his or
her property.
C.
It shall
be, and is hereby made, the duty of each record owner of any property
where discarded materials services are provided to ascertain from
the City Administrative Services Department, or its authorized agent
for billing and collection, the amount and due date of any discarded
materials collection service charges, any delinquent discarded materials
collection service charges, and any penalties applicable to his or
her property, and to pay such charges and penalties when due and payable.
D.
The
record owner of any property where discarded materials services are
provided is obligated to inform the City Administrative Services Department,
or its authorized agent for billing and collection, immediately of
all circumstances and of any change(s) in any circumstance that will,
in any way, affect the applicability of any discarded materials collection
service charges or the amount of any such charges that may be imposed
on his or her property for discarded materials services provided.
In particular, but not by way of limitation, the record owner of any
property where discarded materials services are provided by the City,
or a collector or permittee of the City, shall immediately inform
the City Administrative Services Department or its authorized agent
for billing and collection of any sale or transfer of any such property.
(Prior code § 7-051.16; Ord. 2019-02-05-1403 C.S. § 6; Ord. 2019-11-05-1403-02 C.S. § 6; Ord. 2022-06-14-1502 C.S. § 1)
The Director or their designee may develop processes for, and
grant exemptions or waivers to, individual responsible parties for
compliance with specified service requirements of this chapter consistent
with applicable law and as provided below.
A.
Vacancy
of Premise. The Director or their designee may provide a process for
responsible parties to apply for, and to be granted, a temporary exemption
from collection service at a vacant or unoccupied premise. The Director
or their designee may limit the duration or frequency for which such
exemptions may be granted to a responsible party and may provide for
a vacancy credit against the responsible party's payment for service.
Said exemption may be revoked at any time thereafter if, after investigation,
the Director determines that circumstances have changed and that discarded
material collection services are required.
B.
Other
Waivers. The Director or their designee may develop a process for
waiving individual responsible party obligations to comply with some
or all recyclable materials and organic waste requirements of this
chapter. Such waivers, if provided, shall be granted in accordance
with processes prescribed and implemented by the Director or their
designee. The Director or their designee shall periodically verify
continued eligibility of the party granted such waiver. Any waiver
process shall be consistent with 14 CCR Section 18984.11 and other
applicable law.
(Prior code § 7-051.17; Ord. 2022-06-14-1502 C.S. § 1)
A.
Tier
one commercial edible food generators must comply with the requirements
of this section, tier two commercial edible food generators must comply
with the requirements of this section commencing January 1, 2024,
pursuant to 14 CCR Section 18991.3.
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.
Arrange
to recover the maximum amount of edible food that would otherwise
be disposed.
2.
Contract
with or enter into a written agreement with food recovery organizations
or food recovery services for: (a) the collection of edible food for
food recovery; or (b) acceptance of the edible food that the commercial
edible food generator delivers to the food recovery organization for
food recovery.
3.
Not
intentionally spoil edible food that is capable of being recovered
by a food recovery organization or a food recovery service.
4.
Allow
City's designated enforcement entity or designated third-party enforcement
entity to access the premises to conduct inspections and review records
pursuant to 14 CCR Section 18991.4 and this chapter.
5.
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 the commercial edible food generator's edible food pursuant
to a contract or written agreement 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.
6.
Maintain
records required by this section for five years.
7.
The
Director may, at their discretion, require commercial edible food
generators to provide an annual food recovery report to the City,
in a manner and timeline prescribed by the Director, that may include
information such as:
a.
The amount, in pounds, of edible food donated to a food recovery
service or food recovery organization annually;
b.
The amount, in pounds, of edible food rejected by a food recovery
service or food recovery organization annually; and,
c.
Any additional information required by the Director or their designee.
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 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(Ord. 2022-06-14-1502 C.S. § 1)
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 food recovery 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
to which the food recovery service transports edible food 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 shall maintain records
required by this section for five years.
D.
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 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). The annual report shall be submitted to
the City no later than the date prescribed by the Director or their
designee.
E.
In order
to support edible food recovery capacity planning assessments or other
studies conducted by the County, City or its designee, food recovery
services and food recovery organizations operating in the City shall
provide information and consultation to the City, upon request, regarding
existing, 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 60 days,
unless a shorter timeframe is otherwise specified by the City.
(Ord. 2022-06-14-1502 C.S. § 1)
Entities regulated under Public Resources Code Part 3, Division 30, Chapter 5.2, relating to single-use plastic foodware and condiments, shall at all times comply with the applicable provisions of that chapter. Notwithstanding Section 8.04.360, the Director or their designee shall enforce such requirements commencing June 1, 2022, in accordance with the enforcement procedures and penalty amounts set forth in Public Resources Code Section 42272.
(Ord. 2022-06-14-1502 C.S. § 1)
It is unlawful for any person in the City to throw or deposit
any discarded materials or waste matter or to cause the same to be
thrown or deposited upon any street, alley, gutter, park, or other
public way or to throw or deposit the same in or upon any premises
or vacant lot or in any water or waterway or upon the levees or banks
adjacent thereto, or to store or keep the same except in containers
as required herein.
(Prior code § 7-052; Ord. 2022-06-14-1502 C.S. § 1)
A.
It is
unlawful for any person to permit or allow discarded materials to
accumulate in the vicinity of discarded materials receptacles or areas
used for the storage of discarded materials receptacles. This section
shall apply to both residential and commercial properties.
(Prior code § 7-052.1; Ord. 2022-06-14-1502 C.S. § 1)
It is unlawful for any person to bury discarded materials at
any place within the City.
(Prior code § 7-053; Ord. 2022-06-14-1502 C.S. § 1)
It is unlawful for any person, firm, corporation, or association
to collect discarded materials, waste matter, or industrial waste
within the City or transport the same through the streets, alleys,
and public ways of City unless such person, firm, corporation or association
has been licensed to do so by the City by contract, permit, or otherwise.
(Prior code § 7-054; Ord. 2022-06-14-1502 C.S. § 1)
The City Council of the City shall, by contract or permit, authorize
one or more persons, firms, or corporations to collect, transport,
and process or dispose of discarded materials and industrial waste
within the City on a regularly-scheduled basis. With regard to residential,
multifamily, and commercial discarded materials, the manner of collection
and other regulations of said residential, multifamily, and commercial
discarded materials collectors shall be set forth in the contract,
which may include provision of recyclable materials, organic materials
collection, street sweeping, seasonal leaf collection, and other related
programs. With regard to industrial waste, the manner of collection
and other regulations of said industrial waste collectors shall be
set forth in a separate agreement or permit.
A.
Requirements
for Collectors.
1.
Collector(s)
providing recyclable materials, organic waste, and/or solid waste
collection services to generators within the City's boundaries shall
meet the following requirements and standards as a condition of approval
of its franchise, contract, permit, or other authorization with the
City to collect recyclable materials, organic materials, and/or solid
waste:
a.
Through annual written notice to the City on or before the date prescribed
by the Director, identify the facilities to which they will transport
discarded materials, including facilities for source separated recyclable
materials, source separated organic materials, and solid waste unless
otherwise stated in the franchise agreement, contract, permit, license,
or other authorization with the City.
b.
Transport source separated recyclable materials to a facility that recovers those materials; transport source separated organic materials to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2; transport solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste; and transport manure to a facility that manages manure in conformance with 14 CCR Article 12 and such that the manure is not landfilled, used as alternative daily cover (ADC), or used as alternative intermediate cover (AIC).
2.
Collectors
authorized to collect recyclable materials, organic materials, and/or
solid waste shall comply with education, equipment, signage, container
labeling, container color, contamination monitoring, reporting, and
other requirements contained within its franchise agreement, contract,
permit, or other agreement entered into with City.
B.
Requirements
for Facility Operators and Community Composting Operations.
1.
Owners
of facilities, operations, and activities located within the City's
boundaries that recover organic waste, including, but not limited
to, compost facilities, in-vessel digestion facilities, and publicly-owned
treatment works shall, upon City 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 60 days.
2.
Community
composting operators with operations located in the City's boundaries,
upon City 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 60 days.
3.
Owners
of facilities, operations, and activities located in the City's boundaries
that receive recyclable materials, organic materials, and/or solid
waste shall provide to the City, on a quarterly basis, copies of all
reports they are required to report to CALRecycle, including at minimum,
those required by AB 901 and SB 1383.
(Prior code § 7-055; Ord. 2022-06-14-1502 C.S. § 1)
A.
The
Director may, at their sole discretion, establish processes to allow
approved commercial generators to self-haul their discarded materials.
Commercial generators interested in self-hauling materials shall comply
with all administrative, operational, and regulatory requirements
established by the Director or their designee, or as required by applicable
law, as a condition of approval to self-haul. Self-haulers shall prepare
and handle their discarded materials in a manner consistent with 14
CCR Section 18984.1, the City's collection program, and any other
requirements established by the Director or their designee. Self-haulers
shall deliver their discarded materials only to facilities approved
or designated by the Director.
B.
Self-haulers
that are responsible parties of commercial businesses shall keep records
of the amount of recyclable materials, organic waste, and solid waste
delivered to each City-approved or designated facility. These records
shall be subject to inspection by the Director and/or their designee.
The records shall include the following information:
1.
Delivery
receipts and weight tickets from the entity accepting the recyclable
materials, organic materials, and solid waste.
2.
The
amount of material in cubic yards or tons transported by the generator
or responsible party 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
recyclable materials, organic materials, and solid waste.
4.
Other
information prescribed by the Director or their designee as a condition
of approval to self-haul.
C.
Self-haulers
shall retain all records and data required to be maintained by this
section for no less than five years after the recyclable materials,
organic materials, and/or solid waste was first delivered to the facility
accepting the material.
D.
Self-haulers
that are commercial businesses shall provide copies of records required
by this section to City if requested by the Director or their designee
and shall provide the records at the frequency requested by the Director.
(Ord. 2022-06-14-1502 C.S. § 1)
The charges or rates that persons, firms, or corporations authorized
by contract to collect and dispose of residential discarded materials,
multifamily discarded materials, and commercial discarded materials
within the City may charge shall be established from time to time
by resolution of the City Council of the City. The charges or rates
for other solid waste collection services, including industrial waste
collection and commercial recyclable material collection, shall be
established by the collector.
(Prior code § 7-056; Ord. 2022-06-14-1502 C.S. § 1)
It is unlawful for any person, firm, or corporation to collect
commercial recyclable materials and/or organic materials, at the Director's
sole discretion, within the City without first having obtained a permit
to do so from the Public Works Director and a business license therefor
from the Administrative Services Officer. The fee for said permit
and license shall be established from time to time by resolution of
the City Council. Said permit or license shall expire on May 30 of
each year and must be renewed annually on or before said date.
(Prior code § 7-057; Ord. 2022-06-14-1502 C.S. § 1)
Persons, firms or corporations licensed as commercial recyclable
material and/or organic material collectors are hereby authorized
to collect recyclable materials and/or organic materials, as licensed,
from commercial and industrial customers within the City, provided
that the collector complies with SB 1383 regulations and other applicable
law.
(Prior code § 7-058; Ord. 2022-06-14-1502 C.S. § 1)
It is unlawful for any person, firm, or corporation to collect
and dispose of industrial waste within the City as an industrial waste
collector without first having received a permit. Said permit shall
be issued upon majority vote of the City Council. The fee for the
issuance of said permit shall be the sum of $100,000.00, or another
amount determined by City Council. Any such permit issued pursuant
to this section shall not be transferable to another person, firm,
or corporation, and in the case of corporations the permit shall become
void whenever there may occur a transfer of the majority interest
in said corporation. Said permit or license issued prior to May 30,
2019, shall expire on December 31, 2024. This constitutes the City's
five year notice that may or may not be required under Public Resources
Code Section 49520. Permitted industrial waste collectors shall comply
at all times with applicable law related to its operations, including,
but not limited to, SB 1383. Industrial waste collectors, upon request
of City, shall provide documentation of compliance as a condition
of permit approval.
(Prior code § 7-059; Ord. 2019-04-30-1108 C.S. § 2; Ord. 2022-06-14-1502 C.S. § 1)
A.
In addition to the initial permit fee mentioned in Section 8.04.290, for the privilege to provide service pursuant to permit, the industrial waste collector shall pay to the City 18.5 percent of the gross revenue collected for performing industrial waste collection services. The industrial waste collector shall also pay to the City an AB 939 fee equal to 5% of gross revenue collected for performing industrial waste collection services.
B.
For
the purpose of this section only, no such additional fee will be due
and payable to City for revenues derived from the direct or indirect
sale of reclaimed solid waste or its derivatives. However, this provision
shall not be construed to exempt revenue from any element of the services
to collect such industrial waste.
C.
On or
before the 15th day of each month, the industrial waste collector
shall submit to the Administrative Services Officer a statement of
gross revenues collected pursuant to the permit for the preceding
month, with the appropriate remittance in full. Such statement shall
separately show gross revenue from the sale of reclaimed discarded
materials for the preceding month.
D.
The
industrial waste collector shall, from the sources of revenue available
to the collector through the granting of the permit, pay all fees
and charges due the City as provided for in this section. A 5% penalty
shall apply to a delinquent payment for the first month, and a 1%
penalty shall be added for each succeeding month thereafter until
the delinquent balance is paid in full.
E.
Permit
holders of industrial waste collector permits issued prior to May
30, 2019, shall also pay to the City 18.5 percent of the gross revenue
collected for performing industrial waste collection services and
shall also pay an AB 939 fee equal to 5% of gross revenue collected
for performing industrial waste collection services.
(Prior code § 7-060; Ord. 2019-04-30-1108 C.S. § 3; Ord. 2022-06-14-1502 C.S. § 1)
For materials regulated under Chapter 8.28, the industrial waste collector shall divert from disposal the percentage specified in Chapter 8.28.
(Prior code § 7-061; Ord. 2019-04-30-1108 C.S. § 4; Ord. 2022-06-14-1502 C.S. § 1)
A.
Every
industrial waste collector who has obtained a permit to provide industrial
waste collection services within the City shall at any time deemed
necessary by the City Manager, make available to the City all accounting
records that pertain to any portion of the industrial waste collector's
operations within the scope of the permit issued.
B.
Annually,
the industrial waste collector shall provide the City with one electronic
copy and three printed copies of its annual audited financial statements
prepared by an independent certified or public accountant. The statements
shall be prepared by the independent auditor in conformance with accepted
accounting principles. Such statements shall be provided to the City
within 120 days after the close of the collector's fiscal year. The
financial statements shall clearly indicate all gross revenues collected
for industrial waste collection services within the City and confirm
that the collector has paid to the City 18.5 percent of the gross
revenue collected for performing industrial waste collection services
and an AB 939 fee of 5% of gross revenue collected for performing
industrial waste collection services. The City shall insist that the
financial statements do not reflect any other business activities
that are carried on by the collector in any other area or jurisdiction
other than the City. The City reserves the right to request, and the
industrial waste collector shall provide, any additional documentation,
itemization, or detail as requested by City to verify any amounts
reported in monthly revenue reports and annual financial statements.
(Prior code § 7-062; Ord. 014-11 C.S. § 1, eff. 1-5-12; Ord. 2022-06-14-1502 C.S. § 1)
Every vehicle used for the collection of commercial discarded
materials, waste matter, or industrial waste shall have a metal-lined
body and be covered or operated so as to prevent the contents from
falling, spilling, leaking, blowing, or dripping there from.
(Prior code § 7-063; Ord. 2022-06-14-1502 C.S. § 1)
A.
Every commercial recyclable material collector and every industrial waste collector who has obtained a permit to provide collection services within the City, and every permit holder of an industrial waste collector permit issued prior to May 30, 2019, shall at any time deemed necessary by the Public Works Director, make available to City all disposal and diversion records that pertain to any portion of collection services within the scope of the permit issued pursuant to Section 8.04.270 or 8.04.290.
B.
Every
commercial recyclable material collector and industrial waste collector,
and every permit holder of an industrial waste collector permit issued
prior to June 1, 2003, shall provide a quarterly report to the City
of total tons disposed and tons diverted through provision of commercial
discarded materials collection or industrial waste collection services
in the City. Quarterly reports to the City shall be due on the 15th
day of the month following the previous calendar quarter.
C.
Every
commercial recyclable materials collector, industrial waste collector,
and permit holder shall additionally comply with all reporting requirements
set forth under its agreement, contract, permit, or other written
direction from the City. The subject of such reports may include,
but are not limited to, operational, financial, or programmatic information
and shall be submitted in a manner and timeline specified by the Director
or its designee.
(Prior code § 7-064; Ord. 2019-04-30-1108 C.S. § 5; Ord. 2022-06-14-1502 C.S. § 1)
A.
Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City, who are constructing a new (single-family, multifamily, public, institutional, or commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO September 15, 2015 requirements. Other requirements of the MWELO are in effect pursuant to Section 16.56.040 of the Stockton Municipal Code.
B.
If the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires the City to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.
(Ord. 2022-06-14-1502 C.S. § 1)
A.
The
Public Works Director shall monitor and provide overall direction
for the collection and disposal of discarded materials, waste matter,
and industrial waste operations in the City. The Public Works Director,
or Director's authorized representatives, shall receive and investigate
all complaints, including complaints from persons regarding an entity
that may be potentially noncompliant with SB 1383 regulations, and
endeavor to improve and extend the discarded materials, waste matter,
and industrial waste collection services. In the absence of other
regulations, the Public Works Director shall have the power to determine
and set the hours of collection, manner of collection, and such other
regulations as may be necessary to insure an orderly program for the
collection, transportation, and disposal of discarded materials, waste
matter, and industrial waste in order to promote the community welfare,
convenience, health, and safety. All disputes between collectors and
producers concerning charges, service, or any other matter not otherwise
delegated shall be decided by the Public Works Director, or Director's
authorized representative. The Public Works Director, or Director's
authorized representative, is hereby directed and empowered to enforce
the provisions set forth herein and he or she shall have the right
to enter all premises or vehicles for the purpose of making any inspection
or investigation that he or she may deem necessary under the provisions
hereof.
B.
In the
event an industrial establishment is unable to secure the services
of any permitted industrial waste collector, the Public Works Director
may assign a permittee to service that particular establishment at
a reasonable rate to be determined by the Public Works Director.
C.
An industrial
waste collector shall allow access to its records of customers served
by said collector, when requested by the Public Works Director, provided,
however, said records shall be held confidentially by said Director
and not subject or open to public inspection, except as otherwise
required by applicable law.
(Prior code § 7-065; Ord. 2022-06-14-1502 C.S. § 1)
A.
The
Director and their designees are authorized to conduct inspections
and investigations, at random or otherwise, of any collection container,
collection vehicle loads, or transfer, processing, or disposal facility
for materials collected from generators or source separated materials
to confirm compliance with this chapter by regulated entities such
as generators, responsible parties of commercial businesses, responsible
parties of multifamily premises, commercial edible food generators,
haulers, self-haulers, food recovery services, and food recovery organizations,
subject to applicable laws. This section does not allow City to enter
the interior of a private residential property for inspection. For
the purposes of inspecting commercial businesses' or multifamily premises'
containers for compliance with this chapter, City may utilize remote
monitoring or other technologies at the Director's discretion.
B.
Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the Director or their designee(s) during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure of a responsible party to provide or arrange for: (1) access to an entity's premises; or (2) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in Section 8.04.360.
C.
Any
records obtained by the City during its inspections and other reviews
shall be subject to the requirements and applicable disclosure exemptions
of the Public Records Act as set forth in Government Code Section
6250 et seq.
D.
The
Director and their designee(s) are authorized to conduct any inspections
or other investigations as reasonably necessary to further the goals
of this chapter, subject to applicable laws.
(Ord. 2022-06-14-1502 C.S. § 1)
B.
The
Public Works Director and their designees, including, but not limited
to, County agency enforcement officials, as applicable, are hereby
authorized to issue citations to owners and/or occupants of property
for violations of the provisions of this chapter.
C.
Process
for Enforcement.
1.
The
Director and/or their designee(s) will monitor compliance with this
chapter randomly and through compliance reviews, route reviews, investigation
of complaints, and an inspection program. This chapter establishes
City's right to conduct inspections and investigations.
2.
For
incidences of contamination found in containers, City or designee
will issue a notice of contamination to any generator or responsible
party found to have contamination in a container. The City may authorize
the City or designee to assess contamination processing fees if the
City or designee observes contamination in a responsible party's container(s).
3.
With the exception of violations of contamination of container contents addressed under subsection (C)(2) above, City shall issue a notice of violation requiring compliance within a maximum of 60 days of issuance of the notice.
4.
Absent
compliance by the respondent within the deadline set forth in the
notice of violation, City shall commence an action to impose penalties,
via an administrative citation and fine, pursuant to this chapter.
Notices shall be sent to owner at the official address of the
owner maintained by the Tax Collector for the City or, if no such
address is available, to the owner at the address of the multifamily
premises or commercial premises or to the responsible party for the
collection services, depending upon available information.
E.
Compliance
Deadline Extension Considerations. City may extend the compliance
deadlines set forth in a notice of violation issued in accordance
with this section if it finds that there are extenuating circumstances
beyond the control of the respondent that make compliance within the
deadlines impracticable, including the following:
F.
Education Period for Noncompliance. Through December 31, 2023, City will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance with Sections 8.04.020, 8.04.035, 8.04.036, 8.04.195, 8.04.196, 8.04.250, and/or 8.04.255. If the City determines that a generator, responsible party, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
G.
Civil Penalties for Noncompliance. Beginning January 1, 2024, if the City determines that a generator, responsible party, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with Sections 8.04.020, 8.04.035, 8.04.036, 8.04.195, 8.04.196, 8.04.250, and/or 8.04.255, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed.
(Prior code §§ 7-051.10, 7-051-18,
7-066; Ord. 2019-11-05-1403-02 C.S.
§ 7; Ord. 2022-06-14-1502 C.S. § 1)
