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.
"AB 939"
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Integrated Waste Management Act of 1989 (Division 30, California Public Resources Code), as amended, supplemented, superseded, and replaced from time to time.
"Back-haul"
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).
"Bin"
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.
"Building"
means all other buildings and structures not defined as dwellings.
"CALRecycle"
means California's Department of Resources Recycling and Recovery.
"California Code of Regulations" or "CCR"
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).
"City"
means the City of Stockton.
"City Manager"
means the City Manager of the City of Stockton.
"Collection"
means the act of collecting recyclable materials, organic materials, solid waste, bulky items, and other material at the place of generation in City.
"Collector"
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.
"Commercial"
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.
"Commercial edible food generator"
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).
"Community composting"
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).
"Compliance review"
means a review of records by the City or its designee to determine compliance with this chapter.
"Composting" or "compost (or any variation thereof)"
includes a controlled biological decomposition of organic materials yielding a safe and nuisance free compost product.
"Construction and demolition debris" or "C&D"
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.
"Contamination"
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.
"Designee"
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.
"Director" or "Public Works Director"
means the Public Works Director of the City of Stockton, acting either directly or through authorized agents or designees.
"Discarded materials"
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.
"Disposal facility"
means a landfill, or other facility, for ultimate disposal of solid waste.
"Dwelling"
means an occupied residence, flat, apartment, or other facility used for housing one or more persons in the City.
"Dwelling unit"
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.
"Edible food"
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.
"Enforcement action"
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.
"Excluded Waste"
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.
"Food distributor"
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).
"Food facility"
has the same meaning as in Section 113789 of the Health and Safety Code.
"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.
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.
"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). 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).
"Food scraps"
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.
"Generator"
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.
"Grocery store"
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).
"Hauler route"
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).
"Industrial wastes"
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.
"Industrial waste collector"
means a person authorized by the City by permit to collect industrial waste within the City.
"Inspection"
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).
"Landfill"
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.
"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 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.
"Large venue"
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.
"Local education agency"
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).
"Multifamily"
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.
"Occupant"
means the person who occupies a premises.
"Organic materials"
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.
"Organic materials container"
shall be used for the purpose of storage and collection of source separated organic materials.
"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).
"Owner,"
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.
"Permittee"
means a person authorized by the City by permit to collect industrial wastes, commercial recyclable materials, or construction and demolition debris.
"Person"
means any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity.
"Premises"
means and includes a tract or parcel of land with or without habitable buildings or appurtenant structures.
"Putrescible wastes"
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.
"Recovery"
means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
"Recyclable materials" or "recyclables"
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.
"Recyclable materials container"
shall be used for the purpose of storage and collection of source separated recyclable materials.
"Recycle, recycled, recycling"
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.
"Removal"
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.
"Remote monitoring"
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.
"Residential"
means of, from, or pertaining to a single-family premises, including single-family homes, duplexes, triplexes, townhouse complexes, and mobile home parks.
"Responsible party"
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.
"Restaurant"
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).
"Route review"
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).
"SB 1383"
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.
"SB 1383 regulations" or "SB 1383 regulatory"
means or refers to, for the purposes of this chapter, 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.
"Self-haul"
means to act as a self-hauler.
"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.
"Single-family"
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.
"Solid waste"
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.
"Solid waste container"
shall be used for the purpose of storage and collection of solid waste.
"Source separated"
means the segregation, by the generator, of materials designated for separate collection for some form of recycling, composting, recovery, or reuse.
"State"
means the State of California.
"Supermarket"
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).
"Tenant"
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.
"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 10,000 square feet.
3. 
Food service provider.
4. 
Food distributor.
5. 
Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.
"Tier two commercial edible food generator"
means a commercial edible food generator that is one of the following:
1. 
Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
2. 
Hotel with an on-site food facility and 200 or more rooms.
3. 
Health facility with an on-site food facility and 100 or more beds.
4. 
Large venue.
5. 
Large event.
6. 
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.
7. 
A local education agency facility with an on-site food facility.
8. 
If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.
"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).
"Vacant lot"
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.
"Yard trimmings"
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;
E. 
Nothing in this section prohibits a responsible party or generator of a premise from preventing or reducing discarded materials generation, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(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.
E. 
Nothing in this section prohibits a responsible party or generator of a multifamily premise from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(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.
D. 
Nothing in this section prohibits a responsible party or a generator of a commercial business from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
E. 
Responsible parties of commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 8.04.195.
(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:
A. 
24 CCR Section 4.410.2 (Recycling by Occupants Residential) and 24 CCR Section 5.410.1 30 (Recycling by Occupants Non-Residential) regarding provision of readily accessible areas for storage and collection of recyclable materials and organic materials; and
B. 
For organic waste commingled with construction and demolition debris, 24 CCR Section 4.408.1 (Construction Waste Management Residential) and 24 CCR Section 5.408.1 (Construction Waste Management Non-Residential).
(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)
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).
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.
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.
B. 
Any person, firm, or corporation violating this section shall be deemed guilty of a separate offense for each and every day or portion thereof during which a violation of this section is committed, continued, or permitted, and shall be subject to enforcement pursuant to Section 8.04.360.
(Prior code § 7-052.1; 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).
c. 
Obtain approval from the City to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and Chapter 8.28 of the Stockton Municipal Code.
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.
E. 
Failure to comply with the provisions of this section may lead to revocation of approval to self-haul, at the Director's sole discretion, and enforcement procedures pursuant to Section 8.04.360.
(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. Any such permit or license, when issued, shall expire after a period of five years from the date of issuance. This constitutes the City's five-year notice that may or may not be required under Public Resources Code Section 49520. Extension of any such permit or license after the initial five-year term expires may be considered. Such extension, if granted, may not exceed a period of five years and may not occur more than twice. 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; Ord. 2024-11-12-1214, 11/12/2024)
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% 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 five percent 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 discard materials for the preceding month.
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 to the City as provided for in this section. A five percent penalty shall apply to a delinquent payment for the first month, and a one percent penalty shall be added for each succeeding month thereafter until the delinquent balance is paid in full.
(Prior code § 7-060; Ord. 2019-04-30-1108 C.S. § 3; Ord. 2022-06-14-1502 C.S. § 1; Ord. 2024-11-12-1214, 11/12/2024)
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)
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 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 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; Ord. 2024-11-12-1214, 11/12/2024)
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)
A. 
Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by a City enforcement official or representative in conformance with Chapters 1.28 and 1.32, except as otherwise indicated in this chapter.
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.
D. 
Penalty Amounts.
1. 
The penalty levels for enforcement for violations of Sections 8.04.020, 8.04.035, 8.04.036, 8.04.195, 8.04.196, 8.04.250, and/or 8.04.255 shall be in accordance with 14 CCR Section 18997.2.
2. 
The penalty levels and other available remedies for enforcement for violations of all other sections of this chapter shall be handled in accordance with Title 1 of the Stockton Municipal Code.
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:
1. 
Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2. 
Delays in obtaining discretionary permits or other government agency approvals; or
3. 
Deficiencies in organic waste recycling infrastructure or edible food recovery capacity while the City is under a corrective action plan with CALRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
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.
H. 
Any person dissatisfied with any action taken or any decision made by the Public Works Director or designee with regard to the provisions of this chapter may appeal pursuant to the provisions of Chapter 1.44 of this code.
(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)