A.
The
City Council hereby finds and determines, in order to meet the requirements
of the California Integrated Waste Management Act of 1989, including
requirements for source reduction of the solid waste stream, diversion
of solid waste from landfills and conservation of natural resources,
it is necessary to regulate the collection of solid waste from residential
and commercial premises and to encourage recycling of solid waste
and organic materials.
B.
The
City Council further finds and determines that the storage, accumulation,
collection and disposal of solid waste and recyclables is a matter
of great public concern because improper control of such matters may
create a public nuisance, air or water pollution, fire hazard, rat
and insect infestation and other problems affecting the public health,
safety and welfare. Regulating the collection of recyclable materials
and solid waste within the City will best solve such problems and
promote public health, safety and welfare. Regulating such activities
in the City will also promote public health, safety, and welfare by,
among other things, requiring newer and safer vehicles, regular vehicular
and facility maintenance, reduction of solid waste spillage and litter,
accountability for cleaning solid waste bins and containers, recycling
activities and accountability to the public for solid waste services.
C.
The
City Council hereby finds and determines that the public health, safety
and welfare will be served by providing for a franchised or permitted
system for solid waste collection and recycling services.
(Ord. 562 § 3, 2019; Ord. 595 § 2, 2021)
When used in this chapter, the following definitions apply unless
the context or a more specific definition indicates otherwise:
has the same meaning as in 14 CCR Section 18982(a)(5) and
shall be used for the purpose of storage and collection of source
separated recyclable materials or source separated blue container
organic waste.
means any of the following:
Laboratory waste, including, but not limited to, specimen cultures
from medical and pathological laboratories, cultures and stocks of
infectious agents from research and industrial laboratories, wastes
from the production of biological agents, discarded live and attenuated
vaccines, and culture dishes and devices used to transfer, inoculate
and mix cultures or material which may contain infectious agents and
may pose a substantial threat to health;
Recognizable fluid blood elements and regulated body fluids,
and containers and articles contaminated with blood elements or regulated
body fluids that readily separate from the solid portion of the waste
under ambient temperature and pressure. Regulated body fluids are
cerebrospinal fluid, synovial fluids, pleural fluid, peritoneal fluid,
pericardial fluid, and amniotic fluid;
Sharps, which are objects or devices having acute rigid corners,
edges, or protuberances capable of cutting or piercing, including,
but not limited to, hypodermic needles, blades and slides;
Contaminated animal carcasses, body parts, excrement and bedding
of animals including materials resulting from research, production
of biologicals, or testing of pharmaceuticals which are suspected
of being infected with a disease communicable to humans;
Any specimens sent to a laboratory for microbiological analysis;
Surgical specimens including human or animal parts or tissues
removed surgically or by autopsy;
Such other waste materials that result from the administration
of medical care to a patient by health care providers and are found
by the administering agency or the local health officer to pose a
threat to human health or the environment. If there is a difference
in opinion between the administering agency and the local health officer,
the local health officer's view will prevail.
means any waste which is generated or has been used in the
diagnosis, treatment or immunization of human beings or animals, in
research pertaining thereto, in the production or testing of biologicals,
or which may contain infectious agents and may pose a substantial
threat to health. Biomedical waste includes biohazardous waste and
medical solid waste. Biomedical waste does not include hazardous waste
as defined in California Health and Safety Code Section 25117 and
California Code of Regulations Title 22, Division 4.5, or radioactive
waste as regulated in Division 104, Part 9 of California Health and
Safety Code.
means large items of solid waste, such as appliances, furniture,
large auto parts, and other oversize waste whose size precludes or
complicates their handling by normal waste management methods.
means construction and demolition debris.
means the California Department of Resources Recycling and
Recovery or its successor.
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 Manager or designee who is/are partially or
wholly responsible for enforcing the SB 1383 Regulations implemented
in Article 2 of this chapter.
means the City Manager of the City of Santee or designee.
means the operation of taking physical possession of and/or
transporting by means of a motor vehicle or other means, any organics,
solid waste or recyclables to a transfer, disposal or processing facility,
where the materials are subsequently disposed of or processed.
means any person who has been issued a franchise or a permit
by the City to provide waste management services.
means a firm, partnership, proprietorship, joint-stock company,
corporation, or association, whether for-profit or nonprofit, strip
mall, industrial facility, or a multifamily residential dwelling,
or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily
residential dwelling that consists of fewer than five units is not
a commercial business for purposes of implementing this chapter.
means any person, firm, corporation or other enterprise or
organization holding or occupying, singly or with others, commercial
premises, whether or not the holder of the title of the commercial
premises.
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 all occupied real property in the City except property
occupied by governmental agencies which do not consent to their inclusion,
and except residential premises which receive solid waste collection
services using single-family residential solid waste containers, and
includes, without limitation, multiple housing of five or more units,
wholesale or retail establishments, restaurants, other food establishments,
bars, stores, shops, offices, manufacturing, repair, research and
development, professional services, sports or recreational facilities,
and construction and demolition sites.
means all types of solid waste generated by a store, office,
or other commercial or public entity source, including a business
or a multifamily dwelling of five or more units.
means a bin or refuse container used in connection with commercial
premises with a one and one-half to six cubic yard capacity, designed
for mechanical pick-up by collection vehicles and equipped with a
lid or, where appropriate for the commercial premises being served,
a 10 to 40 cubic yard roll-off body or compactor. This section also
includes other types of containers suitable for the storage and collection
of commercial solid waste if approved in writing by the Director.
means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in
combination, and the total amount of feedstock and compost on-site
at any one time does not exceed 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 to determine compliance
with Article 2 of this chapter.
means the product resulting from the controlled biological
decomposition of organic solid wastes that are source separated from
the municipal solid waste stream, or which are separated at a centralized
facility or as otherwise defined in 14 CCR Section 17896.2(a)(4).
means any vessel, tank, receptacle, box or bin used or intended
to be used for the purpose of holding organic waste, solid waste,
or recyclable materials for storage or collection.
means a container, regardless of color, that contains prohibited
container contaminants, or as otherwise defined in 14 CCR Section
18982(a)(55).
means, when used in reference to the City, an entity that
a the City contracts with or otherwise arranges to carry out any of
the City's responsibilities under SB 1383 Regulations and implemented
in this chapter as authorized in 14 CCR Section 18981.2. A designee
may be a government entity, a hauler, a private entity, or a combination
of those entities.
mean those recyclable materials designated in Section 9.02.240.
means the Director of the Department of Development Services
of the City of Santee or designee.
means food intended for human consumption, or as otherwise
defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter
or as otherwise defined in 14 CCR Section 18982(a)(18), "edible
food" is not solid waste if it is recovered and not discarded.
Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires
or authorizes the recovery of edible food that does not meet the food
safety requirements of the California Retail Food Code.
means an action of the City to address noncompliance with Article 2 of this chapter, including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies in accordance with the provisions of Title 1.
means biohazardous radioactive, or biomedical waste, hazardous
substance, hazardous waste, universal waste, infectious waste, designated
waste, volatile, corrosive, medical waste, infectious, regulated radioactive
waste, toxic substances, sharps, sludge, stable matter, tires, lead-acid
batteries, automobile, boat, or boat trailer parts, internal combustion
engines or material that facility operator(s), which receive materials
from the City and its generators, reasonably believe(s) would, as
a result of or upon acceptance, transfer, processing, or 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 or accepted at the facility
by permit conditions, waste that in the City, or its designee's
reasonable opinion would present a significant risk to human health
or the environment, cause a nuisance or otherwise create or expose
the City, or its designee, to potential liability; but not including
de minimis volumes or concentrations of waste of a type and amount
normally found in single-family or multifamily solid waste after implementation
of programs for the safe collection, processing, 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).
is compostable paper material that has come in contact with
food or liquid, such as, but not limited to, compostable paper plates,
paper coffee cups, napkins, pizza boxes, and milk cartons.
means those discarded materials that will readily 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)
fruit waste, grain waste, dairy waste, meat, and fish waste; and (4)
vegetable trimmings and other compostable organic waste common to
the occupancy of residential premises. Food waste is a subset of organic
waste.
means the right to provide waste management services of any
class or type within all or any part of the City, granted by the City
Council pursuant to this chapter.
means the person who provides waste management services under
a franchise granted by the City Council.
means kitchen and table wastes, and animal or vegetable wastes
that attends or results from the storage, preparation, cooking, or
handling of food or edible items.
has the same meaning as in 14 CCR Section 18982(a)(28) and
shall be used for the purpose of storage and collection of gray container
waste.
has the same meaning as in 14 CCR Section 18982(a)(29) and
shall be used for the purpose of storage and collection of source
separated green container organic waste.
includes leaves, grass, weeds, houseplant trimmings, and
wood materials from trees and shrubs, and similar material generated
at any premises that fit within a cart. Green waste does not include
palm fronds, or tree trunks or limbs more than two feet in diameter.
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).
has the same meaning set forth in Health and Safety Code
Section 25117, and includes:
A waste or combination of wastes which, because of its quantity,
concentration, or physical, chemical or infectious characteristics,
may either:
Cause or significantly contribute to an increase in mortality
or an increase in serious irreversible or incapacitating reversible
illness, or
Pose a substantial present or potential hazard to human health
or environment when improperly treated, stored, transported or disposed
of, or otherwise managed;
A waste which meets any of the criteria for the identification
of a hazardous waste adopted by the California Environmental Protection
Agency's Division of Toxic Substances Control pursuant to Health
and Safety Code Section 25141;
Any chemical, pollutant, contaminant, hazardous or toxic substance,
constituent or material that under applicable law is considered to
be hazardous or toxic or is or may be required to be remediated, including,
without limitation:
Any petroleum or petroleum products and their derivatives, radioactive
materials, asbestos in any form that is or could become friable, transformers
or other equipment that contain dielectric fluid containing polychlorinated
biphenyls and processes and certain cooling systems that use chlorofluorocarbons,
or
Any chemicals, materials or substances which are now or hereafter
become defined as or included in the definition of "hazardous
substances," "hazardous wastes," "hazardous
materials," "extremely hazardous wastes," "restricted
hazardous wastes," "toxic substances," "toxic
pollutants," or any words of similar import pursuant to applicable
law.
means a facility that is in compliance with the reporting
requirements of 14 CCR Section 18815.5(d) and meets or exceeds an
annual average mixed waste organic content recovery rate of 50% between
January 1, 2022 and December 31, 2024, and 75% after January 1, 2025,
as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste
received from the "mixed waste organic collection stream"
as defined in 14 CCR Section 17402(a)(11.5); or as otherwise defined
in 14 CCR Section 18982(a)(33).
means the Household Hazardous Waste Element for the City
prepared and updated pursuant to the Public Resources Code.
means New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, Christmas Day and any other day designated
as such in a contract between a collector and the labor union serving
as the exclusive representative of said collector's employees,
provided such holiday is approved by the City Council.
means solid waste originating from mechanized manufacturing
facilities, factories, refineries, construction and demolition projects,
publicly operated treatment centers, or solid waste placed in commercial
collection bins, excluding hazardous waste.
means a site visit where the City reviews records, containers,
and an entity's collection, handling, recycling, or landfill
disposal of organic waste or edible food handling to determine if
the entity is complying with requirements set forth in Article 2 of
this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
means a disposal facility that accepts solid waste for land
disposal as defined in Section 40195.1 of the Public Resources Code.
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 of, from, or pertaining to a structure or structures
containing five or more dwelling units in any vertical or horizontal
arrangement on a single lot or building site. Multifamily premises
do not include hotels, motels, or other transient occupancy facilities,
which are considered commercial businesses.
means non-putrescible and non-hazardous recyclable wastes,
including, but not limited to, bottles, cans, metals, plastics and
glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
means solid wastes containing material originated from living
organisms and their metabolic waste products, including, but not limited
to food, green material, landscape and pruning waste, organic textiles
and carpets, lumber, wood, paper products, printing and writing paper,
manure, biosolids, digestate, and sludges or as otherwise defined
in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined
by 14 CCR Section 18982(a). Organic waste includes food waste, green
waste, nonhazardous wood waste, and food-soiled paper waste that is
mixed in with food waste.
means a person or entity that is responsible for the initial
creation of organic waste, or as otherwise defined in 14 CCR Section
18982(a)(48).
include, but are not limited to, paper janitorial supplies,
cartons, wrapping, packaging, file folders, hanging files, corrugated
boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section
18982(a)(51).
means a person who holds a valid, unrevoked, and unexpired
permit to collect or transport solid waste and recyclables issued
pursuant to this chapter.
include, but are not limited to, copy, xerographic, watermark,
cotton fiber, offset, forms, computer printout paper, white wove envelopes,
manila envelopes, book paper, note pads, writing tablets, newsprint,
and other uncoated writing papers, posters, index cards, calendars,
brochures, reports, magazines, and publications, or as otherwise defined
in 14 CCR Section 18982(a)(54).
means the following: (1) discarded materials placed in the
blue container that are not identified as acceptable source separated
recyclable materials for the City's blue container; (2) discarded
materials placed in the green container that are not identified as
acceptable source separated green container organic waste for the
City's green container; (3) discarded materials placed in the
gray container that are acceptable source separated recyclable materials
and/or source separated green container organic wastes to be placed
in City's green container and/or blue container; and (4) excluded
waste placed in any container.
means any governmental agency or department thereof.
means any and all efforts to enhance, increase or improve
the knowledge of customers of collectors or residents of the City
regarding solid waste, recycling, source reduction or any other aspect
of waste management services.
means materials that have been separated or kept separate
from the solid waste stream, at the point of generation, for the purpose
of additional sorting or processing those materials for recycling
or reuse in order to return them to the economic mainstream in the
form of raw material for new, reused, or reconstituted products which
meet the quality standards necessary to be used in the market-place
which shall include, but not be limited to: newspaper (including inserts,
coupons, and store advertisements); mixed paper (including office
paper, computer paper, magazines, junk mail, catalogs, brown paper
bags, brown paper, paperboard, paper egg cartons, telephone books,
paper grocery bags, colored paper, construction paper, envelopes,
shoe boxes, cereal, and other similar food boxes yet excluding paper
tissues, paper towels, paper with plastic coating, paper contaminated
with food, wax paper, foil-lined paper and cartons, Tyvex non-tearing
paper envelopes); chipboard; corrugated cardboard; glass containers
of any color (including brown, clear, and green glass bottles and
jars); aluminum (including beverage containers); steel, tin or bi-metal
cans; mixed plastics such as plastic containers (no. 1 to 7), except
expanded Polystyrene (EPS); bottles including containers made of HDPE,
or PET; and, those materials added from time to time.
means the process of collecting, sorting, cleansing, treating,
and reconstituting materials that would otherwise become refuse, and
returning them to the economic mainstream in the form of raw material
for new, reused, or reconstituted products which meet the quality
standards necessary to be used in the marketplace. Recycling does
not include transformation as defined in Public Resources Code Section
40201.
means garbage and rubbish.
means the use of the internet of things (IoT) and/or wireless
electronic devices to visualize the contents of blue containers, green
containers, and gray containers for purposes of identifying the quantity
of materials in containers (level of fill) and/or presence of prohibited
container contaminants.
means any person holding and/or occupying a residential premises,
whether or not the owner, singly or with his or her family, in the
City.
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, and may include
mechanical inspection methods such as the use of cameras, or as otherwise
defined in 14 CCR Section 18982(a)(65).
means nonputrescible solid waste that is not recyclable such
as ashes, soiled paper and cardboard, certain wood, glass, plastics
and metals, bedding, crockery, rubber and rubber by-products, textiles,
inert products, and litter.
means Senate Bill 1383 of 2016 approved by the Governor on
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7,
and 39730.8 to the Health and Safety Code, and added Chapter 13.1
(commencing with Section 42652) to Part 3 of Division 30 of the Public
Resources Code, establishing methane emissions reduction targets in
a Statewide effort to reduce emissions of short-lived climate pollutants
as amended, supplemented, superseded, and replaced from time to time.
means the uncontrolled or unauthorized removal of solid waste,
recyclables or organic waste pursuant to this chapter.
means a person, who hauls solid waste, organic waste, or
recyclable material he or she has generated to another person. Self-hauler
also includes a person who back-hauls waste, or as otherwise defined
in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting
organic waste to a destination owned and operated by the generator
using the generator's own employees and equipment, or as otherwise
defined in 14 CCR Section 18982(a)(66)(A).
means of, from, or pertaining to any residential property
with fewer than five units within the City utilizing solid waste containers
of 96 gallons or less capacity for the provision of waste management
services.
means a container made of metal, hard rubber or plastic not
exceeding 96 gallons in capacity.
means all putrescible and nonputrescible solid and semi-solid
wastes, generated in or upon, related to the occupancy of, remaining
in or emanating from residential premises or commercial premises,
including garbage, rubbish, trash, refuse, ashes, industrial wastes,
demolition and construction wastes, manure, vegetable or animal solid
or semi-solid wastes, and other solid and semi-solid wastes. This
excludes recyclables, source-separated organic waste, liquid wastes,
abandoned vehicles, and excluded waste, hazardous, biohazardous and
biomedical wastes, sharps, or any item excluded from the definition
of bulky items.
means the collection, transportation, storage, transfer,
disposal, or processing of solid waste, recyclables, or organic waste.
means materials, including commingled recyclable materials,
that have been separated or kept separate from the solid waste stream,
at the point of generation, for the purpose of additional sorting
or processing those materials for recycling or reuse in order to return
them to the economic mainstream in the form of raw material for new,
reused, or reconstituted products, which meet the quality standards
necessary to be used in the marketplace, or as otherwise defined in
14 CCR Section 17402.5(b)(4). For the purposes of the chapter source
separated shall include separation of materials by the generator,
property owner, property owner's employee, property manager,
or property manager's employee into different containers for
the purpose of collection such that source separated materials are
separated from gray container waste or other solid waste for the purposes
of collection and processing.
means source separated organic waste that can be placed in
a green container that is specifically intended for the separate collection
of organic waste by the generator, excluding source separated blue
container organic waste, carpets, non-compostable paper, and textiles.
means source separated non-organic recyclables and source
separated blue container organic waste.
means the Source Reduction and Recycling Element for the
City prepared and updated pursuant to the Public Resources Code.
means a full-line, self-service retail store with gross annual
sales of $2,000,000.00, or more, and which sells a line of dry grocery,
canned goods, or non-food items and some perishable items, or as otherwise
defined in 14 CCR Section 18982(a)(71).
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.
as defined in Public Resources Code Section 40200, means
those facilities utilized to receive solid wastes, temporarily store,
separate, convert, or otherwise process the materials in the solid
wastes, or to transfer the solid wastes directly from smaller to larger
vehicles for transport, and those facilities used for transformation.
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 lawn clippings, leaves, weeds, and woody materials
from trees and shrubs.
(Ord. 562 § 3, 2019; Ord. 595 § 2, 2021)
A.
The
storage, removal, collection, and transportation of solid waste, recyclables
and organic waste in the City is under the supervision of the Director,
who has the authority and duty to promulgate rules and regulations
regulating these activities. A copy of the rules and regulations,
and all amendments thereto, must be kept on file by all persons having
a franchise or permit to collect solid waste, recyclables and organic
waste in the City.
B.
All
persons are encouraged to utilize waste management services from a
collector authorized by the City. However, nothing in this chapter
prohibits a person from self-hauling solid waste, organic waste and
recyclables generated on the person's own property to a properly
permitted receiving facility for final disposal provided that:
2.
Weight
receipts or other justification of proper disposal are maintained
by the self-hauler for a 12-month period and can be made available
upon request to a public agency charged with solid waste reporting
requirements to the State; and
3.
All
commercial and industrial businesses not using the services of a permittee
must submit solid waste disposal and organic waste and recycling tonnage
documentation annually to the City. Reports are due on or before January
31 for the previous year. Annual reporting must be on a form provided
by the Director.
(Ord. 562 § 3, 2019; Ord. 595 § 2, 2021)
A.
Violation—General. Violations of this chapter are declared to be a public nuisance and a misdemeanor and may be addressed by any means available to the City, including those means set forth in Title 1.
B.
Enforcement
of SB 1383 Regulations—Administrative Citations and Fine.
1.
Violation of any of the provision of Article 2 of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine. Enforcement actions under this subsection B are issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines in Chapter 1.08 of Title 1 are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, and collection of administrative citations issued to enforce violations of Article 2 of this chapter and any rule or regulation adopted pursuant thereto, except as otherwise indicated in this chapter.
2.
Enforcement of Article 2 of this chapter pursuant to this subsection B may be undertaken by the City enforcement official, which may be the city manager or their designated entity, legal counsel, or combination thereof. The City enforcement officials will interpret the provisions of Article 2 of this chapter; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; determine if compliance standards are met; and may issue notices of violation.
3.
Process
for Enforcement.
a.
Compliance Monitoring. The City enforcement officials or their designee will monitor compliance with Article 2 of this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring). Section 9.02.270 establishes City's right to conduct inspections and investigations.
b.
Notice of Violation. With the exception of violations of generator
contamination of container contents, the City shall issue a notice
of violation requiring compliance within 60 days of issuance of the
notice.
c.
Failure to Comply. Absent compliance by the respondent within the deadline set forth in the notice of violation, the City shall commence an action to impose the penalties set forth in this subsection B, via an administrative citation and fine, pursuant to the procedures set forth in Chapter 1.08 of Title 1. Notices shall be provided 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 dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information
4.
Fine
Amount. The penalties for violations of Article 2 of this chapter
are as follows:
a.
For a first violation, the amount of the base penalty shall be $50.00
to $100.00 per violation.
b.
For a second violation, the amount of the base penalty shall be $100.00
to $200.00 per violation.
c.
For a third or subsequent violation, the amount of the base penalty
shall be $250.00 to $500.00 per violation.
6.
Compliance Deadline Extension—Considerations. The City may extend the compliance deadlines set forth in a notice of violation issued in accordance with this subsection B if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
7.
Appeals. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with the City's administrative hearing and judicial review procedures set forth in Chapter 1.14 of Title 1.
8.
Education
Period for Noncompliance. Beginning January 1, 2022, and through December
31, 2023, the City will conduct inspections, remote monitoring, route
reviews or waste evaluations, and compliance reviews, depending upon
the type of regulated entity, to determine compliance, and if City
determines that organic waste generator, 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 Article 2 of this chapter and a notice that compliance is required
by January 1, 2022, and that violations may be subject to administrative
civil penalties starting on January 1, 2024.
9.
Civil Penalties for Noncompliance. Beginning January 1, 2024, if the City determines that an organic waste generator, 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 Article 2 of this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this subsection B, as needed.
10.
Other remedies allowed by law may be used, including civil action
or prosecution as misdemeanor or infraction. The City may pursue civil
actions in the California courts to seek recovery of unpaid administrative
citations. The City may choose to delay court action until such time
as a sufficiently large number of violations, or cumulative size of
violations exist such that court action is a reasonable use of City
staff and resources.
C.
The
City may issue an official notification to notify regulated entities
of its obligations under this chapter. This chapter shall only apply
to those entities subject to the City's regulatory authority.
(Ord. 562 § 3, 2019; Ord. 595 § 2, 2021)
