The following definitions shall apply in the interpretation and enforcement of these regulations:
"Adequate service"
means the combination of the number of collections, the number of containers, and the size of containers necessary so as not to cause the accumulation of refuse outside containers or in excess of level full.
"Automated residential collection service"
means the residential collection service by the City refuse collector, whereby refuse, recyclable waste materials, and yard waste are generally sorted into separate residential carts by the person discarding such items.
"Basic level of service"
means, with respect to residential collection service and automated residential collection service, one collection of each residential cart per week, or that level of collection and disposal service necessary to provide adequate service for the collection of refuse generated by each single-family residence, and each dwelling unit within a duplex, a triplex, or a fourplex, as specifically provided in any given contract between the City and any person for collection of such refuse, or as provided by resolution of the City Council. Basic level of service does not include refuse or substances excluded from collection by regulation of the Director or by contract, as hereinafter provided, refuse capable thereof which has not been placed in residential carts within the weight and size limits hereinafter set forth for residential carts. Basic level of service, with respect to commercial collection service, means that level of collection and disposal service necessary to provide adequate service.
"Business"
means any commercial or public entity, that generates four cubic yards or more of refuse per week, including, but not limited to, a firm, partnership, proprietorship, joint-stock company, corporation, or association that is organized as a for-profit or nonprofit entity, strip mall (e.g. property complex containing two or more commercial entities), industrial facility, school, school district, California State University, community colleges, University of California, special district or a federal, state, local, regional agency or facility. For purposes of the chapter, "business" also includes a multi-family residential dwelling of five units or more, regardless of the amount of refuse generated.
"City refuse collector"
means any person either employed by or under contract with the City to provide removal, transportation, processing, and disposition of refuse from residents and users of premises within the City.
"Collection"
means the pickup, removal, and transportation of refuse by any person authorized to do so by the City.
"Commercial collection service"
means the collection of refuse from all property within the City excluded from residential collection service, or properties subject to residential collection service which choose to utilize commercial collection service.
"Commercial container"
means any vessel, tank, receptacle, dumpster, box or bin used or intended to be used for the purpose of holding any refuse, recyclable material, and recyclable waste material. Commercial containers utilized in commercial collection service include all types of containers, including dumpsters or bins.
"Corporation"
means corporations, partnerships, and all business enterprises, associations or organizations, however designed.
"Director"
means the Huntington Beach Director of Public Works or his/her authorized representative.
"Hazardous waste"
means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may: (1) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (2) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
"Level full"
means the amount of refuse deposited in a residential cart or commercial container so that it shall not exceed the lowest top edge thereof and still allow the lid thereof to be completely closed.
"Noncombustible refuse"
means ashes, bottles, broken crockery, glass, tin cans and metallic substances or any other substances that will not incinerate through contact with flames of ordinary temperature.
"Organic waste"
has the same meaning as defined in Section 8.22.010, which defines organic waste as refuse (solid waste) 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 California Code of Regulations Section 18982(a)(46). Biosolids and digestate are as defined by 14 California Code of Regulations Section 18982(a).
"Person"
means any individual, firm, governmental unit, organization, partnership, corporation, company or other entity.
"Processing"
means reduction, separation, recovery, conversion or recycling of refuse.
"Recyclable material"
means materials which are segregated at the source from other refuse for the purpose of recycling and includes, but is not limited to, paper, glass, metals, wood, plastics, wastes, bulky goods, waste oil, and construction and demolition materials and which is sold or donated by the owner thereof to a third party.
"Recyclable material collection"
means the collection, transportation, storage, transfer, or processing of recyclable materials.
"Recyclable waste material"
means discarded materials such as, but not limited to, newspapers, glass and metal cans, which are separated from other refuse for the purpose of recycling and which are not sold or donated to a third party.
"Recyclable waste material collecting"
means the collection, transportation, storage, transfer, or processing of recyclable waste material.
"Recycling"
means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise be disposed of by landfilling or transformation, and returning materials to the economic mainstream in the form of raw material for new, reused, or reconstituted products.
"Refuse"
means all putrescible and non-putrescible solid, and semi-solid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid or semi-solid wastes, and other discarded solid or semi-solid wastes, but not including hazardous waste, radioactive waste regulated pursuant to the State Radiation Control Law, untreated medical waste regulated pursuant to the State Medical Waste Management Act, and liquid waste. Recyclable waste material is considered refuse for purposes of this chapter. Materials that are sold or donated by the owner thereof to a third party, or thereafter recycled, are not considered refuse for purposes of this chapter. The term "refuse" shall be synonymous with the term "solid waste" as used in Section 8.22.010 of this title and in the Integrated Waste Management Act, Public Resources Code Section 40000, et seq.
"Refuse collection"
means the collection, transportation, storage, transfer, disposal, or processing of refuse.
"Residential cart"
means a container having a capacity not to exceed 100 gallons and furnished or supplied by the City refuse collector for use in residential collection service. Residential carts shall be colored as described in Section 8.22.020(b).
"Residential collection service"
means the collection of refuse from each single-family residence, and each dwelling unit within a duplex, a triplex or a fourplex receiving noncommercial refuse collection service. It shall not include any hotel, motel, lodge, hall, club, tourist camp, trailer camp, mobile home park, church, guard shack, pool house, community room, business or industrial establishment, or any lot containing more than four dwelling units.
"Yard waste"
means those constituents of solid waste comprised of non-soil landscape or plant materials such as tree trimmings, grass cuttings, plants, weeds, leaves, branches, trees, or similar materials.
(3560-7/02, 3581-11/02, 3801-4/08, 3952-7/12, 4079-4/16, 4247-1/22)
A. 
The collection of refuse, recyclable waste material and yard waste shall be performed exclusively by the City refuse collector. The City Council may regulate, by ordinance or resolution, all aspects of the residential refuse service and the commercial refuse service, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges, fees, and nature, location, and extent of providing such services.
B. 
Any other provision of this Code to the contrary notwithstanding, the City may enter into contracts with responsible persons for the collection of refuse within the City utilizing such procurement procedures and upon such terms and conditions as are deemed appropriate by the City Council.
C. 
In the event of an emergency or other unforeseen or unpreventable circumstances in which the City refuse collector is unable to maintain refuse collection services, the City Manager may issue limited or temporary permits for a period not to exceed 30 days to persons or corporations to perform any of the services covered by this chapter. Any service beyond 30 days shall be approved by the City Council.
(3560-7/02, 3801-4/08)
A. 
There shall be a charge for residential collection service which maximum rates shall be established from time to time by resolution of the City Council. Such charge shall be set by the City refuse collector and shall apply to persons occupying single-family dwellings, and each dwelling unit within a duplex, a triplex or a fourplex. A dwelling shall be deemed occupied if connected to an active water service. This charge shall not apply to persons occupying residential units such as apartments, mobile home parks, or other multi-family complexes, who are currently contracting directly with the City refuse collector.
B. 
Any person receiving residential collection service who is 62 years of age or older shall pay 50% of the charge imposed by this section provided the combined adjusted gross income, as used for federal income tax reporting purposes of all members of the household in which such service user resides does not exceed the "HUD Income Guidelines—Very Low Income Category" currently on file in the City's Department of Economic Development, for the calendar year prior to the fiscal year (July 1st through June 30th) for which the exemption provided by this chapter is applied.
(3560-7/02, 3581-11/02, 3801-4/08)
A. 
It shall be unlawful for any person to cast, deposit, place, sweep, throw, discard or leave any refuse or cause such refuse to be cast, deposited, swept, placed, thrown, discarded or left in any place, public or private, within the City, without the express permission of the owner of the premises.
B. 
No person shall throw, discard or deposit infectious or potentially infectious waste in any amount on any public street, sidewalk, beach, park or other public property within the City, or private property within the City not owned by the person, or in or upon any body of water within the jurisdiction of the City.
"Infectious waste" refers to all waste materials which are defined as being injurious to the public health or safety by federal, state, or county statutes, legislation, policies, or rules and regulations as they may be amended from time to time. Examples include, but are not limited to:
1. 
hypodermic needles, pen needles, intravenous needles, syringes, lancets and other instruments used to administer medication or otherwise designed to cut or pierce the skin,
2. 
disposable diapers, rags, or other materials used to clean areas infected by human or animal waste or fluids,
3. 
other materials contaminated with or exposed to infected or contagious individuals, animals or materials,
4. 
any material that contains human excrement, waste, blood or other fluid,
5. 
unused, unwanted or expired prescription medications or other controlled dangerous substances that can be ingested by humans or animals, bottles that contain or previously contained such medications or substances, or other medical supplies used to facilitate the taking of such substances.
C. 
Penalty. Subsections A and B apply to all persons within the City and are in addition to any other antilittering and/or dumping and/or waste provisions as provided in federal, state, or county law or provided within this Code. Any person who purposely or knowingly violates subsection B shall, upon conviction thereof, be guilty of a misdemeanor and subject to a fine not to exceed $1,000.00 or be imprisoned for a period not to exceed six months, or both. Subsection A is an infraction subject to the penalties outlined in Section 1.16.040 of this Code.
(3560-7/02, 4129-5/17)
Every person occupying, using or controlling any premises shall keep the premises in a clean and sanitary condition, and no person shall permit any refuse, sewer effluent, excrement, slop or stagnant water, butcher offal, market refuse, dead animal or any other noxious or offensive matter of any kind, or any other substance that may become offensive, to be deposited or to remain thereon except as otherwise provided by law.
(3560-7/02)
No person occupying, using or controlling any premises shall permit any refuse to accumulate thereon, nor shall any such person maintain any accumulation of refuse thereon, unless in either event the same is stored in a manner approved by the Director or by law. It shall be unlawful for any person to dump, deposit, place or bury refuse in or upon any lot, land, street, or alley, whether public or private, nor throw such refuse in any creek, stream, water or water way within the City. Any unauthorized accumulation of refuse on any premises is hereby prohibited and declared to be a nuisance.
(3560-7/02)
A. 
Refuse shall be stored in a container of a type approved by the Director. Every such container shall be constructed of metal, plastic, or equally durable material, in such manner as to be strong, watertight, not easily corrodible, insect and rodent resistant, and shall be kept covered at all times, except when refuse is being deposited or removed from such container. Persons in charge of residential properties served by the City refuse collector's automated residential collection service shall separate all refuse, recyclable waste material, and yard waste into the appropriate residential cart prior to collection by the City refuse collector. Residential carts shall be kept in a level full condition. The cover shall completely close the residential cart so that no refuse may be visible. Commercial containers shall be kept in a level full condition. The cover shall completely and tightly close the container so as to render it fly and rodent proof and so that no refuse may be visible. A sufficient number of containers shall be provided for the basic level of service, in order to ensure that all refuse is contained within completely covered containers until such time as the refuse is collected.
B. 
Refuse shall be stored in such a manner that it will not provide harborage to rats, nor cause a fire hazard.
(3560-7/02, 3652-6/04, 3801-4/08)
No person other than the City refuse collector shall transport refuse or recyclable waste material in the City of Huntington Beach on behalf of another person in exchange for compensation. All vehicles and containers used in collecting and transporting refuse or recyclable material shall be provided with metal or plastic bodies so constructed as to be leakproof and to prevent the escape of offensive odors and loss, spillage or blowing away of any contents collected or transported within the City. Such vehicles and containers shall be thoroughly cleaned to eliminate odors and decayed materials.
(3560-7/02, 3652-6/04, 3801-4/08)
Property owners and tenants are each responsible for the placement of residential carts and any accumulation of refuse which is for collection, and which shall be kept or placed in such a manner as not to be visible from any street or alley, whether public or private, except from noon on the day preceding collection to 10:00 p.m. on the day of collection. During the period of collection, residential carts and any accumulation of refuse shall be placed, outside of any enclosures, no later than 6:30 a.m., as follows, unless otherwise directed by the Director:
A. 
On Alley. On the premises, at the rear property line, where there is a through alley in the rear of the premises.
B. 
Access From Side Entrance. On the premises at an accessible point adjacent to any side entrance thereto where no through alley exists.
C. 
At Curb. At the curb in front of the premises, where no through alley or side entrance exists.
D. 
Unless otherwise directed, each residential cart shall be placed for collection in the roadway portion of the street with such minimum clearance area as to provide clear and safe lifting for collection.
(3560-7/02, 3801-4/08)
No person except the owner thereof, his or her agent or employee, a duly authorized City employee, or any employee of the City refuse collector, shall interfere in any manner with any residential cart, or any accumulation of refuse which is placed for collection, nor shall any person remove such residential cart, or accumulation from the location where it shall have been placed by the owner, his or her agent or his/her employee.
(3560-7/02, 3801-4/08)
No person shall place or cause or permit to be placed in any refuse container or residential cart any substance or material other than refuse as defined in this chapter. Furniture, appliances, construction and demolition wastes, or any other waste which is of sufficient size or weight that, when placed in a refuse container or residential cart, prevent the lid from closing completely or cause the weight of the refuse container or residential cart to exceed the posted weight capacity, shall not be placed in refuse containers or residential carts. Persons wishing to dispose of such items shall inform the City refuse collector and make special arrangements to have the items removed. The City refuse collector may levy a charge for removal of such items under a schedule and formula to be uniformly applied, which formula and schedule shall have been approved by the Director. The City refuse collector shall not be required to collect hazardous waste.
(3560-7/02, 3801-4/08)
A. 
The Director may cause to be posted a notice on any container illegally placed on public or private property. The notice shall specify the nature of the violation and shall state that the container must be removed within 24 hours or it may be removed and stored by the City, and the contents disposed of, at the expense of the owner thereof. The posting of a notice to remove shall constitute constructive notice to the owner and user of the requirement to remove the container.
B. 
If the container is not removed within 24 hours after the notice to remove is posted, the Director may order the removal and storage of the container and the disposal of its contents. The owner of the container shall be responsible to the City for the actual cost of removal, storage, and disposal. All amounts due to the City for the cost of removal, storage and disposal shall be paid before the container is returned to the owner. Such amounts shall constitute a debt owed by the owner to the City, and the owner shall be liable to the City in an action brought by the City for the recovery of such amounts.
C. 
If the identity of the owner of a container that has been removed by the City is known to the Director, the Director shall promptly cause notice to be mailed to the owner to claim the stored property. If the container is not claimed within 90 days after removal and notice to the owner, or 90 days after removal if the identity of the owner is unknown to the Director, the container and its contents shall be deemed abandoned property and may be disposed of accordingly.
D. 
After a container has once been removed by the City pursuant to this chapter, the owner thereof shall be deemed to have actual notice of the provisions of this chapter, including prohibition against the placement of unauthorized containers. In the event of a subsequent placement of a container by the same owner, or an affiliate of the owner, that is in violation of this chapter, the Director may immediately, without the posting of a notice to remove pursuant to subsection A of this section, direct the removal and storage of the unauthorized container and shall, in such case, give notice to the owner to claim the container pursuant to subsections B and C of this section.
(3560-7/02, 3652-6/04, 3801-4/08, 4247-1/22)
The owner, occupant, tenant or lessee of any premises shall provide or cause to be provided, basic level of service for the removal of refuse from said premises. Properties utilizing commercial collection service shall provide adequate service. The City refuse collector shall remove from the premises all refuse which has been properly placed for collection, whenever such refuse is of a type and in an amount provided by contract with the City. Any removal of refuse by the City refuse collector, or any person shall be performed in a neat, orderly and quiet fashion, without causing damage to the container or the lid. Any spilled matter shall be picked up by the person responsible for the spillage, and the premises shall be left in a clean and orderly condition. Overfilled containers of refuse creating accumulations of refuse in or at the pickup site, shall be the responsibility of the premises owner for clean up. The security and proper level full container shall be the responsibility of the premises owner. All additional collection of any type of refuse that does not fit into a container or causes an overfull container shall be the responsibility of the premises owner along with any additional costs for removal or extra collection services. Refuse lawfully placed for collection shall be the property of the City of Huntington Beach from the time of placement until the time of collection and shall become the property of the City refuse collector from the time of collection to the time of disposal.
(3560-7/02, 3801-4/08)
The City refuse collector shall operate and maintain residential refuse collection in the City by providing the basic level of service on a regularly scheduled basis, approved by resolution of the City Council, not less frequently than once each week. The Director may by regulation exclude from such service any item or substance deemed hazardous, obnoxious or otherwise inappropriate for such service.
(3560-7/02)
Persons owning or operating premises utilizing commercial collection service shall contract with the City refuse collector for the provision of the basic level of service. The Director may, by written order, require the owner and/or manager of any premises subject to commercial collection service to provide adequate service to the premises in question.
(3560-7/02)
A. 
Refuse exceeding the limitation set forth in this chapter may be scheduled for special collection either at regular special collection dates or by arrangement with the City refuse collector.
B. 
The City refuse collector shall make available containers and drop-off bodies, provide additional collections not required by this chapter, pick up refuse at points other than as required in this chapter or provide for the collection of greater volumes of refuse per collection than required in this chapter, any or all of these additional services at the request of the person or business being served. The City refuse collector may make a direct charge in each instance for such additional service under a written agreement which shall be subject to the approval of the Director and at such rates as are reasonable, just and uniform for all persons or businesses being served. All such direct charges shall be collected by the City refuse collector.
C. 
The removal of wearing apparel, bedding or other refuse from homes, hospitals, or other places where highly infectious or contagious diseases have prevailed, shall be performed under the supervision and direction of the County Health Officer, and such refuse shall neither be placed in containers nor left for regular collection and disposal.
D. 
Highly flammable or explosive or radioactive refuse shall not be placed in containers for regular collection and disposal, but shall be removed under the supervision of the Fire Chief at the expense of the owner or possessor of the material.
E. 
The Director may, by written permit, authorize provision of bins and drop-off bodies if the City refuse collector fails to provide such service within five calendar days after a customer order and such service is not thereafter provided within 48 hours after notice to the City refuse collector of such failure by the Director.
(3560-7/02, 3801-4/08)
A. 
On and after July 1, 2012, all businesses within the City shall reuse, recycle, compost, or otherwise divert refuse from disposal in the manner required by California Public Resources Code Sections 42649 through 42649.7, inclusive, (or any successor statutes) and in compliance with such implementing regulations as may currently exist or hereafter be adopted by state regulatory agencies. Each business shall be responsible for ensuring and demonstrating its compliance with the requirements of this section. The activities undertaken by each business pursuant to this section shall be consistent with all requirements of this chapter and all City ordinances, policies, and contracts or agreements applicable to the collection, handling or recycling of refuse.
B. 
The Director shall have the duty and the authority to implement a commercial recycling program appropriate for the City which is designed to divert refuse generated by businesses. The program shall consist of at least the following components:
1. 
Education and Outreach to Businesses. The Director shall determine the appropriate types of educational and outreach programs to ensure that the program targets the components of the City's commercial waste stream.
2. 
Identification and Monitoring of Businesses to Assess if They Are Complying with Section 8.21.175(A). If any business is not in compliance with these provisions, the Director shall notify such business that it is out of compliance. Failure to comply within 60 days following such notification shall be unlawful and is hereby prohibited.
(3952-7/12)
Persons collecting recyclable material within the City shall, in addition to obtaining a business license, obtain a recyclable material collection and disposal permit from the Director prior to commencing such collection and annually thereafter. Persons operating under such a permit shall, on a quarterly basis or at such times as determined by the Director, submit a report to the Director specifying the amount of recyclable material collected within the City, the location(s) from which the recyclable material was collected, and the location(s) to which the recyclable material was brought. Such report shall be kept confidential unless otherwise provided by law. Failure to submit timely reports shall be a basis for revocation of the recyclable material collection and disposal permit. The Director shall have the right to audit the records of persons who have received a permit pursuant to this section.
(3560-7/02)
The City refuse collector shall dispose of refuse in a manner approved by the Director and consistent with the provisions of Chapters 8.21 and 8.22 of this title.
(3560-7/02, 4247-1/22)
The Director shall make such rules and regulations as may be necessary, reasonable, and proper to enforce the provisions of this chapter. A copy of any rule or regulation promulgated by the Director shall be provided to the City Council.
(3560-7/02)
Any person adversely impacted by a ruling of the Director may appeal such ruling to the City Manager. The appeal shall be in writing to the City Manager and shall set forth the basis of the appeal. The City Manager, or his/her designee, shall hold a hearing on the appeal within 30 days of receipt of the written appeal. The City Manager or designee shall render a written decision within 30 days after the close of the hearing on the appeal by providing it to the appellant by first class mail. The decision of the City Manager shall be final.
(3560-7/02)
A. 
No person other than the City refuse collector shall scavenge or otherwise remove refuse, yard waste or recyclable waste material that has been lawfully placed for collection.
B. 
It shall be unlawful for any person to provide refuse service within the City without the permission of the Director.
C. 
It shall be unlawful for any person to utilize refuse collection service by a person not permitted to provide such service by the Director.
(3560-7/02, 3801-4/08)