Note: Prior ordinance history: Ords. 1627 and 1597.
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this chapter.
Words and phrases not ascribed a meaning by this chapter shall have
the meaning ascribed by Division 30, Part 1, Chapter 2 of the Public
Resources Code, Section 40105 et seq., and the regulations of the
California Integrated Waste Management Board, if defined therein,
and if not, to the definitions found in the Resource Conservation
and Recovery Act ("RCRA"), 42 USC Section 6901 et seq., and the regulations
implementing RCRA, as they may be amended from time to time.
See definition of Act.
means the California Integrated Waste Management Act of 1989,
codified in part at Public Resources Code Section 40000 et seq., (and
sometimes referred to as "AB 939") as it may be amended from time
to time.
means a solid waste receptacle typically having a nominal
capacity of at least one and a half cubic yards but not more than
three cubic yards and a total weight, inclusive of contents, of not
more than one hundred pounds per cubic yard.
means large items of solid waste such as appliances, furniture,
large auto parts, and trees, branches and stumps up to a maximum two
feet in diameter and four feet in length and weighing not more than
fifty pounds each, which a collector has agreed to collect.
means trees, shrub and brush trimmings (except yucca, cactus
or palm fronds) which are securely tied together forming an easily
handled package not exceeding four feet in length or fifty pounds
in weight and tied with a compostable material.
means the city of Glendora, County of Los Angeles, State
of California, a Municipal corporation and all of the territory lying
within the Municipal boundaries of the city as presently existing
and all geographic areas which may be added or annexed to the city.
means an individual having that title in the employ of the
city of Glendora or the city manager's duly authorized representative.
means a container authorized by the city and placed in the
public rights-of-way, at Municipal facilities or in public parks.
means the act of collecting solid waste or construction and
demolition waste at or near the place of generation or accumulation
by a collector who has made arrangements with the generator for the
collection of solid waste or construction and demolition waste on
days designated by the collector.
means a person, persons, local agency, firm, corporation
or other entity franchised, permitted, licensed or otherwise authorized
by the city council by resolution in writing naming the entity (in
addition to a business license), to make arrangements with solid waste
service recipients for the collection of solid wastes or construction
and demolition waste within the city.
means a bin provided by a collector, usually three cubic
yards, more or less, in capacity, designed for the deposit of solid
waste, placed by a collector at commercial premises for the collection
of commercial solid waste and charged at commercial rates. "Commercial
bins" do not include construction and demolition bins, roll-offs or
low-boys placed at specific locations for specific purposes within
the city.
means all premises in the city, other than residential premises,
where commercial solid wastes are generated or accumulated. The term
"commercial premises" is a reference to location and not to ownership.
The term "commercial premises" does not include residences using solid
waste containers provided by single-family residential service recipients
or solid waste containers delivered to single-or multi-family residential
service recipients by a collector.
means all types of solid waste, including green waste and
recyclable solid waste, generated or accumulated at stores, offices
and other commercial premises and placed in commercial bins for accumulation
and collection. "Commercial solid waste" does not include residential
solid waste or recyclable material.
means humus rich topsoil which is used to improve soil fertility
and reduce moisture loss from the soil. "Composting" means methods
of enhancing the natural process of decomposition and recycling of
organic material into a humus-rich material known as "compost" by
using special techniques and equipment including compost bins or compost
piles. Proper composting techniques include ensuring plenty of oxygen
is incorporated into the material to avoid bad odors.
means either a constructed or purchased receptacle or enclosure
used for composting. It should be maintained in a manner that does
not detract from the surrounding properties and is free of bad odors.
means all green waste or yard waste and other organic matter
including herbivorous animal manures and vegetable kitchen scraps.
It does not include any meat or meat by-products or carnivorous animal
wastes.
means a constructed pile of compost material which is in
the process of composting or is a pile of finished compost ready for
spreading. A compost pile should not be more than four feet high,
five feet wide and eight feet long. It should be maintained in a manner
that does not detract from the surrounding properties, be free of
bad odors and be covered with a layer of straw, leaves or tarp material.
Disorderly piles of random sized dead vegetation, other organic matter
and naturally accumulated vegetation are not to be considered compost
piles.
means a type of solid waste generated from activities related
to public and private development and maintenance processes including,
but not limited to: scrap and discarded wood, glass, metal, drywall,
other fiber material, concrete, asphalt, gravel, and dirt excluding
all hazardous substances.
means any commercial bin, residential solid waste container,
vessel, can or other receptacle used for the temporary accumulation,
collection and removal of solid waste, including recyclable solid
wastes or green waste.
means the right and privilege: (1) to make arrangements for
the collection of and to collect some identified portion of the solid
waste stream generated or accumulated within the city; (2) to transport
to landfills, transformation facilities or other licensed solid waste
management facilities; and/or (3) to recycle solid waste collected
within the city. Any franchise shall be in writing, granted by the
city council by resolution, specifically identifying the solid waste
enterprise and is subject to all of the provisions and to any rights
held by any other solid waste enterprise which may hold rights pursuant
to Public Resources Code Section 49520.
means the fee or assessment imposed by the city, as may be
established from time to time by council resolution, on a collector.
means any person with a city business license and a gardener's
self-haul disposal permit for gardening and landscaping maintenance
services for hire.
means any person or other entity which produces solid waste.
(also sometimes referred to as "compost material" or "yard
waste") means a form of solid waste composed of leaves, grass clippings,
brush, branches and other forms of organic matter generated from landscapes
and gardens, which are separated from other forms of solid waste.
"Green waste" includes Christmas trees and Hanukkah bushes but does
not include stumps or branches greater than four inches in diameter
or four feet in length (see definition of "bulky waste" or "bulky
goods"). Green waste does not include dirt, palm fronds, yucca or
cactus.
means any waste materials or mixture of wastes defined as
a "hazardous substance" or "hazardous waste" pursuant to the Resource
Conservation and Recovery Act "RCRA"), 42 USC Section 6901 et seq.,
the Comprehensive Environmental Response, Compensation and Liability
Act "CERCLA"), 42 USC Section 9601 et seq., and all future amendments
to either of them or as defined by the California Integrated Waste
Management Board. Where there is a conflict in the definitions employed
by two or more agencies having jurisdiction over hazardous or solid
waste, the term "hazardous waste" shall be construed to have the broader,
more encompassing definition.
means dark, earthy material consisting of decomposed vegetation.
means a fully permitted facility where solid wastes, recyclable
solid wastes, recyclable material and green wastes may be processed,
sorted, prepared for resale or collected for transfer to another facility
or landfill.
means any shredded vegetation, bark, wood chips, partially
composted material, gravels or stones which are used in decorative
and functional ways to cover soil and to provide pathways thereby
preventing weed growth and retaining soil moisture. Disorderly piles
of random sized dead vegetation are not to be considered "mulch."
means all properties which are not residential properties
within the city including, but not limited to, retail, office, other
commercial, industrial and institutional properties. "Nonresidential
property" is a reference to location and not to ownership or to an
interest in property.
means all biodegradable or compostable solid waste material
including paper, wood, animal or vegetable matter, other food wastes,
manures, and green waste.
means a material which has commercial value and which is
sold for compensation or donated to an entity other than a solid waste
collector or enterprise. "Recyclable materials" are not part of the
waste stream. "Recyclable materials" lose their character as "recyclable
materials" upon being disposed of in the waste stream and become solid
waste subject to this chapter.
means a part of the solid waste stream which can be reused
or processed into a form suitable for reuse through reprocessing or
remanufacture, consistent with the requirements of the California
Integrated Waste Management Act and has been designated as a recyclable
solid waste by the city, the California Integrated Waste Management
Board, or other agency with jurisdiction, and which has been separated
by a service recipient from nonrecyclable solid waste.
means any person residing within the city.
means single-family residential uses and multi-family residential
uses, including apartments and condominiums (in which each unit has
separate cooking and bathing facilities). "Residential" or "residential
premises" is a reference to location and not to ownership or to an
interest in property.
means solid waste, also including recyclable solid waste
and green waste, which is generated or accumulated at residential
premises.
means a container (a trash can, barrel or cart) provided
by a service recipient or a collector for the accumulation, temporary
storage and collection of single-family residential solid waste. The
term "residential solid waste container" does not include bins provided
by a collector to residential service recipients who select that type
of service, "multi-family residential bins" nor those commercial bins
used by commercial solid waste service recipients. Unless automated
collection is used, a residential solid waste container and its contents
may not exceed a total weight of fifty pounds when placed for collection.
means a vending machine which accepts designated types of
glass, plastic or metal containers for recycling and pays the depositor
for the containers deposited for recycling.
means a large bin, usually of a twenty to forty yard capacity,
which is delivered to a site for a defined, nonrecurring temporary
period of time for the collection of solid waste, green waste, recyclable
solid waste, recyclable materials or construction and demolition waste.
means any resident or gardener within the city who obtains
a self-haul permit to transport only that solid waste including recyclable
solid waste, bulky goods and green waste generated at the premises
identified on the permit to fully permitted landfills or fully permitted
recyclable materials or recyclable solid waste processing facilities
or composting facilities. A "residential self-hauler" refers to a
resident. A "commercial self-hauler" refers to the person or persons
responsible for the day-to-day operation of a commercial premises
within the city.
means the person or persons in charge of the day-to-day operation
of each premises within the city of Glendora at which solid waste
is accumulated or generated.
includes residences at which residential solid waste containers
(i.e., trash cans, barrels, bins or automated containers), but not
commercial bins are located and used for the collection and temporary
accumulation of solid waste.
means all putrescible and nonputrescible solid, semisolid,
and liquid wastes, including garbage, trash, refuse, paper, rubbish,
ashes, industrial wastes, demolition and construction wastes, abandoned
vehicles and parts thereof, discarded home and industrial appliances,
manure, vegetable or animal solid and semisolid wastes, and other
discarded solid and semisolid wastes. Solid waste does not include
hazardous waste or medical waste.
(Ord. 1668, § 1, 1997)
The city council may authorize one or more collectors to make
arrangements with service recipients for the collection, transfer,
recycling, composting and disposal of solid wastes within and throughout
the city.
(Ord. 1668, § 1, 1997)
Collectors who arrange for the collection of solid wastes shall
make arrangements with service recipients specifying the manner in
which integrated waste management services are provided, subject to
the city's duty to protect public health, safety and well-being and
to limit sources of noise and air pollution within the city by prohibiting
the collection of solid wastes between six p.m. and six a.m. and on
designated legal holidays.
(Ord. 1668, § 1, 1997)
Each service recipient shall make arrangements with a collector for the collection of solid wastes, as set forth in this chapter, or shall obtain a self-haul permit from the city, as provided in Section 6.08.240 of this chapter, and shall implement measures to reach the diversion and other goals mandated by the California Integrated Waste Management Act of 1989, as it may be amended from time to time.
(Ord. 1668, § 1, 1997)
In order to carry out its duties to plan for the management
of vehicular traffic, mitigate adverse air quality effects, and to
design programs to reduce waste in compliance with AB 939, the city
council may determine waste management collection categories, including,
but not limited to, e.g., residential, single-family residential,
multi-family residential, commercial, industrial, self-haul, special
event, household hazardous waste, recyclable solid waste, and green
waste and may make or impose franchise, license, contract or permit
requirements which vary for such categories.
(Ord. 1668, § 1, 1997)
(a)
Pursuant
to Division 30, Part 3, Chapter 8 of the Public Resources Code, Section
41900 et seq., the city may levy fees upon solid waste collectors
and solid waste service recipients for planning and program development
and administration regarding solid and household hazardous waste,
recyclable solid wastes and/or green waste planning and for access
to collection services for collection service, inspection, auditing,
transfer and disposal and the planning for and response to releases
and spills of solid wastes which have the characteristics of hazardous
substances. Such fees may include charges for the use of disposal
facilities and may include costs of preparing and implementing source
reduction and recycling elements, household hazardous waste elements
and integrated waste management plans. The city may collect all or
part of such charges by such means as the council may elect.
(b)
The
city council, by resolution, may waive permit fees, i.e., self-haul
permit or business license fees, for not-for-profit recycling agents
and collectors of green wastes.
(c)
Solid
waste service fees shall be paid in compliance with this code.
(d)
No
collector may require advance payments for service.
(Ord. 1668, § 1, 1997)
(a)
The
city council may award one or more franchise agreements, permits,
licenses or other form of authorization (collectively "franchise")
for the collection of solid wastes, including recyclable solid wastes
and/or green waste from all or a portion of residential premises in
the city. Any such franchise shall be granted in writing by the city
council, by resolution, upon a determination that the public health,
safety and well-being so require.
(b)
The
franchise shall be granted by resolution on such terms and conditions
as the city council shall establish in its sole discretion as matters
of local concern. At a minimum, franchises shall be in writing, naming
the franchisee and shall provide that:
(1)
The franchisee, permittee, licensee or entity with another form of
authorization (collectively "franchisee") shall comply with the provisions
of this chapter; and
(2)
The franchisee shall protect, defend, indemnify and hold the city
harmless from liability, including specifically liability under the
Resource Conservation and Recovery Act of 1976 ("RCRA") 42 USC Section
6901 et seq., and the Comprehensive Environmental Response, Compensation
and Liability Act, ("CERCLA") 42 USC Section 9601 et seq., as they
may be amended from time to time and all regulations implementing
these acts, on terms satisfactory to the city; and
(3)
The franchisee shall be required to cooperate with the city in solid
waste disposal characterization studies or other waste stream audits
and to submit information required by the city on a monthly basis
to meet the reporting requirements of AB 939 and to implement measures
consistent with the city's source reduction and recycling element
in order for the city to reach the diversion and other goals mandated
by the California Integrated Waste Management Act of 1989, as it may
be amended from time to time, to the extent authorized by law.
(c)
To
protect public health, safety and well-being, any solid waste enterprise
which asserts that it is entitled to collect residential solid waste
pursuant to continuation rights (Public Resources Code Section 49520
et seq.), the dormant Commerce Clause, the Interstate Commerce Act,
or other law, shall comply with all standards required of solid waste
enterprises which have been awarded a solid waste franchise by the
city.
(Ord. 1668, § 1, 1997)
(a)
The
city council may award one or more franchise agreements, permits,
licenses or other form of authorization (collectively "franchise")
for the collection of solid wastes, including recyclable solid wastes,
and/or green waste, from commercial premises in the city. Any such
franchise shall be granted in writing by the city council, by resolution,
upon a determination that the public health, safety and well-being
so require.
(b)
The
franchise shall be granted by resolution on such terms and conditions
as the city council shall establish in its sole discretion as matters
of local concern. At a minimum, franchises shall be in writing, naming
the franchisee and shall provide that:
(1)
The franchisee, permittee, licensee or entity with another form of
authorization (collectively "franchisee") shall comply with the provisions
of this chapter; and
(2)
The franchisee shall protect, defend, indemnify and hold the city
harmless from liability, including specifically liability under the
Resource Conservation and Recovery Act of 1976 ("RCRA") 42 USC Section
6901 et seq., and the Comprehensive Environmental Response, Compensation
and Liability Act, ("CERCLA") 42 USC Section 9601 et seq., as they
may be amended from time to time and all regulations implementing
these acts, on terms satisfactory to the city; and
(3)
The franchisee shall be required to cooperate with the city in solid
waste disposal characterization studies or other waste stream audits
and to submit information required by the city on a monthly basis
to meet the reporting requirements of AB 939 and to implement measures
consistent with the city's source reduction and recycling element
in order for the city to reach the diversion and other goals mandated
by the California Integrated Waste Management Act of 1989, as it may
be amended from time to time, to the extent authorized by law.
(c)
To
protect public health, safety and well-being, any solid waste enterprise
which asserts that it is entitled to collect commercial solid waste
pursuant to continuation rights (Public Resources Code Section 49520
et seq.), the dormant Commerce Clause, the Interstate Commerce Act,
or other law, shall comply with all standards required of solid waste
enterprises which have been awarded a solid waste franchise by the
city.
(Ord. 1668, § 1, 1997)
(a)
Except
as may be provided otherwise in a franchise granted by the city council,
each collector shall possess a current city business license in addition
to a franchise, permit, license or other form of authorization. (A
solid waste business license is evidence only of payment of business
license fees, not of the independent authorization from the city council
to provide solid waste services in the city.) No person shall collect
solid waste in the city without both a business license and a franchise,
permit, license or other form of authorization granted in writing,
naming the solid waste enterprise, granted by the city council, by
resolution.
(b)
Except
as may be provided otherwise in a franchise granted by the city council,
in addition to a city business license, each collector shall possess
a current city-issued solid waste collector's franchise agreement.
Each collector shall comply with all requirements set forth in the
collector's franchise agreement and this chapter. These requirements
include, but are not limited to: payment of the annual city business
license and collector's fees, adherence to a schedule of maximum fees
to be charged to service recipients for specific services (as may
be adopted by the city council), and any other requirements that the
city council may impose. All city requirements shall be established
or modified by city council ordinance or resolution.
(Ord. 1668, § 1, 1997)
No person shall construct or operate a solid waste management
facility including, but not limited to, a materials recovery facility,
solid waste transfer or processing station, composting facility, a
buy-back or drop-off center, disposal facility or a recycling center
without first satisfying all federal, state, county and city requirements
for land use, environmental and other approvals. Reverse vending machines
are exempt from this section.
(Ord. 1668, § 1, 1997)
(a)
Each
service recipient required by this chapter to arrange for solid waste
collection shall be liable for the fees and charges for such collection.
(b)
Solid
waste fees and charges (plus any interest or penalties) shall be due
and payable on the date stated on the bill. The service recipient
of each premises in the city at which solid waste subject to this
chapter is generated or accumulated shall be jointly and severally
liable for the payment of all charges (plus any interest or penalties)
for solid waste services, including any recycling.
(c)
If
solid waste and recycling service fees and charges (and any applicable
interest or penalties) are not paid, solid waste shall be continued
but collection of the unpaid amount may be undertaken by any lawful
means.
(d)
Upon
written notice from the service recipient to discontinue solid waste
collection services, there shall be refunded any unused deposits or
fees.
(Ord. 1668, § 1, 1997)
(a)
Each service recipient and each self-hauler shall keep in a suitable place, as described in Section 6.08.130 of this chapter, one or more containers capable of holding without spilling, leaking, or emitting odors, all solid waste, including recyclable solid wastes and green waste which would ordinarily accumulate on the premises during a period of one week.
(b)
Each
service recipient and each self-hauler who is in charge of any premises
within the city shall deposit or cause to be deposited in containers
or commercial bins all solid waste generated or accumulated on those
premises. Green waste and recyclable solid waste which is source-separated
before being set out for collection shall be placed in containers
designated for green waste or recyclable solid waste, as appropriate.
(Ord. 1668, § 1, 1997)
(a)
No
person shall place a residential solid waste container adjacent to
a street or public right-of-way for collection if the residential
solid waste container and its contents weigh more than fifty pounds,
unless mechanized collection is used.
(b)
To
minimize interference with public rights-of-way, no person shall place
a residential solid waste container or any bulky goods adjacent to
a street or public right-of-way, for collection service before three
p.m. on the day preceding the regularly scheduled collection day.
Bulky goods may not be set out for collection unless the service recipient
has made prior arrangements with the collector for pickup of the bulky
goods.
(c)
During
the hours for collection, residential solid waste containers shall
be placed at the location designated by the collector and shall be
accessible for mechanized pickup, if mechanized pickup methods are
utilized by the collector. Bins shall be accessible to the collector.
Except during the time a residential solid waste container is placed
for curbside collection, residential solid waste containers shall
not be visible from the public right-of-way.
(d)
Residential
solid waste containers shall be removed by the service recipient from
any location adjacent to a street or right-of-way not later than eight
a.m. on the day following the regularly scheduled collection day.
(e)
No
person may store any container in any place visible from a public
right-of-way.
(f)
A
collector who has been notified by a commercial solid waste service
recipient or the city that commercial solid waste service is to be
discontinued shall remove all of its bins from the premises of the
service recipient at which service is discontinued within one week
following receipt of notification.
(g)
To
minimize interference with public rights-of-way, green waste shall
be placed adjacent to a street or public right-of-way for collection
in containers designated for the accumulation and collection of green
waste. Branches shall be cut into pieces not to exceed four feet in
length and four inches in diameter, and tied securely in bundles not
exceeding fifty pounds and placed adjacent to a street or public right-of-way
for collection. Green waste shall not be contaminated with other forms
of solid waste or with hazardous substances. No person shall mix green
waste with other forms of solid waste nor shall any person contaminate
green waste with any other substance.
(h)
Compost
bins and compost piles shall be placed in back yards out of view from
the street or public right-of-way and must be maintained in ways that
do not have a negative impact on adjacent neighbors. Compost bins
and compost piles shall be maintained in neat, clean condition with
no unpleasant odors.
(Ord. 1668, § 1, 1997)
(a)
Each
service recipient shall make arrangements to have all solid waste
(other than construction and demolition waste) generated or accumulated
on the premises for which the service recipient is responsible collected
and removed not less frequently than once a week. Subject to the foregoing
requirements, collections shall be made by arrangement between the
service recipient of commercial premises and multi-family residential
premises and the collector.
(b)
Each
self-hauler shall remove all solid waste (other than construction
and demolition waste) on the premises for which the self-hauler is
responsible collected and removed not less frequently than once a
week.
(c)
Each
collector shall collect the contents of each commercial bin (except
construction and demolition roll-offs) placed, located or maintained
in the city by that collector not less frequently than once a week,
and more frequently if requested by the service recipient.
(d)
Subject
to the requirements for minimum removals per week set forth above,
service recipients may specify the frequency of collection of solid
waste from the premises and the size and number of commercial or multi-family
residential bins required.
(e)
In
order to protect residents' quiet enjoyment of their residential premises,
no collector shall make collections from residential premises, including
single-family and multi-family, between the hours of six p.m. and
six a.m. on any day. No collector shall make collections from commercial
premises between the hours of six p.m. and six a.m. on any day.
(f)
Collectors
shall design their routes and times for collection in a manner which
minimizes air pollution, traffic, noise and wear and tear on public
and private streets and other problems with the potential to adversely
affect public health, safety, or the environment and in a manner consistent
with the city's traffic demand management plan.
(Ord. 1668, § 1, 1997)
Solid waste service recipients may order, and collectors shall
provide, special collections of such things as bulky goods, and drop-off
of roll-off bins, at rates not to exceed the rate ceilings set by
the city.
(Ord. 1668, § 1, 1997)
(a)
Any
truck used for the collection or transportation of solid waste within
the city shall be leakproof and equipped with a close-fitting cover
which shall be affixed in a manner that will prevent spilling, dropping
or blowing of any waste upon the public right-of-way during collection
or transportation.
(b)
Each
collector shall maintain its commercial bins within the city in a
manner to protect public health and safety and prevent the spread
of vector. Each collector shall maintain its commercial bins in the
city free from those exterior paint or markings commonly referred
to as "graffiti" or "tagging". Each collector shall maintain its commercial
bins with reflectors at each upper corner of the bin to ensure nighttime
visibility.
(c)
Each
collector shall post each commercial bin with conspicuous notices
on each side of the commercial bin that the commercial bin is not
to be used for the disposal of hazardous waste.
(d)
No
person shall park, or cause to be parked within the city any vehicle
containing solid waste unless the vehicle is free from odor and in
a sanitary condition.
(Ord. 1668, § 1, 1997)
(a)
Residential
self-haulers, commercial self-haulers and gardeners shall transport
for disposal and dispose of solid waste, including green waste, only
at lawfully permitted (or permit-exempt) solid waste facilities, recyclable
solid waste facilities or composting facilities. Self-haulers or gardeners
shall transport solid waste only in vehicles owned or leased by the
self-hauler or gardener.
(b)
Before
transporting solid waste, including recyclable solid wastes or green
waste, each residential self-hauler shall obtain a residential self-haul
permit from the city for a monthly fee as determined by resolution
of the city council. Each self-hauler shall report to the city each
month, the type, quantity, volume, weight and destination of solid
waste, including green waste and recyclable solid wastes, collected
in the city and transported from the city, and shall furnish the city
with originals of weight tickets or gate receipts (at least four each
month) from permitted (or permit-exempt) solid waste disposal facilities
or green waste or composting facilities.
(c)
Before
transporting solid waste, including recyclable solid wastes or green
waste, each commercial self-hauler shall obtain a commercial self-haul
permit from the city for a monthly fee as determined by resolution
of the city council. Each commercial self-hauler shall report to the
city each month, the type, quantity, volume, weight and destination
of solid waste, including green waste and recyclable solid wastes,
collected in the city and transported from the city, and shall furnish
the city with originals of weight tickets or gate receipts from permitted
(or permit-exempt) solid waste disposal facilities or green waste
or composting facilities.
(d)
Before collecting and transporting green waste, each gardener shall obtain a gardeners' self-haul permit in addition to the business license required under Section 5.04.040 of this code. There will be a fee as determined by resolution of the city council for this permit. In addition, each gardener shall report to the city quarterly on the quantities of green waste disposed and include original weight tickets or gate receipts from authorized solid waste facilities accepting green waste as alternative daily cover or composting facilities. Green waste shall not be disposed of as solid waste. No gardener may haul any solid waste except green waste.
(Ord. 1668, § 1, 1997)
(a)
Upon
placement of recyclable solid waste or green waste at a designated
recycling collection location, or placement of recyclable solid waste
or green waste in a container provided for collection, the recyclable
solid wastes or green waste becomes the property of the collector,
by operation of State Law Public Resources Code Section 41950(c).
(b)
The
recycling or disposal of any recyclable solid waste which has become
part of the solid waste stream by having been discarded shall be in
accordance with the provisions of this chapter.
(c)
The
city has the authority under the act and other laws to require any
collector to use waste diversion methodologies and strategies to divert
recyclable solid waste from landfills. These waste diversion methodologies
or strategies may include, but are not limited to, requiring the collector
to transfer recyclable solid waste, organic solid waste, and/or green
waste to facilities at which diversion credit is granted.
(Ord. 1668, § 1, 1997)
(a)
Except
as provided below, nothing in this chapter shall limit the right of
any person, organization, or other entity to sell recyclable material
owned by that person, organization or other entity or to donate recyclable
material to a charity or any other entity other than a solid waste
enterprise or collector.
(b)
Recyclable
material which is mixed with solid waste shall be considered to have
been discarded and to have become recyclable solid waste.
(c)
If
the seller or donor of recyclable material pays the buyer or the donee
any consideration for collecting, processing, recycling, transporting
or disposing of the recyclable material, or providing consultation
services which exceed the selling price of the recyclable material,
the transaction shall not be regarded as a sale or donation of recyclable
material, but as an arrangement for the disposal of solid waste and
shall be subject to this chapter.
(d)
A
person who receives a discount or reduction in the collection, disposal
and/or recycling service rates, for unsegregated or segregated solid
waste shall not be deemed to be selling or donating recyclable material
and does not fall within this "donate or sell" exception.
(Ord. 1668, § 1, 1997)
(a)
Until
solid waste or green waste has been picked up by a collector, or self-hauled,
the service recipient or self-hauler shall cleanup any and all solid
waste or green waste spilled in any manner at the premises of which
the person is in charge. This cleanup responsibility remains the sole
responsibility of the service recipient or self-hauler notwithstanding
human or animal interference, wind or other natural forces. For purposes
of this section, the term "disposed into the environment" shall include,
but is not limited to, the abandonment of or discarding of barrels,
containers and other closed receptacles of solid or liquid waste of
any kind whatsoever.
(b)
Each
collector shall clean up immediately any solid waste spilled or otherwise
released or discharged into the environment during the process of
collection, removal or transfer.
(Ord. 1668, § 1, 1997)
No person shall accumulate solid waste for more than seven consecutive
calendar days; nor shall any person keep upon any premises in the
city any solid waste which is offensive, obnoxious or unsanitary.
Each of the foregoing is unlawful, constitutes a public nuisance and
may be abated in the manner now or hereafter provided by law for the
abatement of nuisances.
(Ord. 1668, § 1, 1997)
No person other than the service recipient or a collector authorized
by the service recipient shall move any solid waste container or commercial
bin from the location where the container has been placed for storage
or collection. Nor shall any person other than the service recipient,
or agent or employee of the service recipient, or a collector authorized
by the service recipient, remove any solid waste from any container
or commercial bin except pursuant to a waste stream audit or waste
characterization study authorized by the city. Nor shall any person
other than the service recipient, or an agent or employee of the service
recipient, or a collector authorized by the service recipient, apply
any paint or markings to any solid waste container or commercial bin
without the prior written approval of the owner of the container or
commercial bin.
(Ord. 1668, § 1, 1997)
No person shall place or deposit residential, institutional,
commercial, or industrial solid waste or hazardous waste in any civic
litter container.
(Ord. 1668, § 1, 1997)
No person shall burn any solid waste within the city, except
in an approved, permitted incinerator or transformation facility or
other device which complies with all state, county, district and city
codes and regulations including air pollution control authorities
and provided any such act of burning in all respects complies with
all other laws, rules and regulations.
(Ord. 1668, § 1, 1997)
No person shall collect any solid waste from any commercial premises or residential premises within the city without a city business license and a franchise and shall comply with Section 6.08.090 of this chapter. Self-haulers and gardeners must obtain self-haul permits from the city and comply with Section 6.08.170 of this chapter.
(Ord. 1668, § 1, 1997)
It is unlawful and a public nuisance for any person to occupy,
inhabit, maintain, or to be in day-to-day control of any premises
within the city for which arrangements have not been made for regular
collection and removal services for solid wastes, including recyclable
solid wastes or green waste.
(Ord. 1668, § 1, 1997)
No person shall place solid waste or green waste in, or otherwise
use the solid waste, recyclable solid waste, or green waste containers
of another.
(Ord. 1668, § 1, 1997)
The unauthorized removal of recyclable solid wastes and recyclable
materials placed at designated recycling collection locations is prohibited
by California Public Resources Code Sections 41950 through 51.
(Ord. 1668, § 1, 1997)
No person transporting solid waste, including recyclable solid
wastes or green waste within the city shall fail to clean up immediately,
or arrange for the immediate cleanup, of any solid waste released,
spilled or dumped into the environment during removal or transport
within the city by such person.
(Ord. 1668, § 1, 1997)
No person shall dump, deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, bury or dispose into the environment (including by abandonment or discarding of barrels, containers or other closed receptacles of solid or liquid waste of any kind whatsoever) any solid or liquid waste upon any premises within the city, or to cause, suffer or permit any solid or liquid waste to come to be located upon any premises in the city, except in an authorized or permitted solid waste container located according to Section 6.08.130 of this chapter or at an authorized or permitted solid waste facility.
(Ord. 1668, § 1, 1997)
Any person violating any of the provisions of this chapter is
guilty of a misdemeanor and upon conviction shall be punishable by
a fine not to exceed one thousand dollars, by imprisonment in the
county jail for a period not to exceed six months, or by both such
fine and imprisonment. Each day during which any violation of this
title occurs or continues constitutes a separate offense and upon
conviction shall be punishable as provided.
(Ord. 1668, § 1, 1997)
Nothing in this chapter shall be deemed to limit the right of
a collector to bring a civil action against any person who violates
California Public Resources Code Sections 41950 through 51, nor shall
a conviction for such violation exempt any person from a civil action
brought by a collector or recycling agent.
(Ord. 1668, § 1, 1997)
