The following definitions shall apply in the interpretation
and enforcement of these regulations:
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.
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.
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.
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.
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.
means the pickup, removal, and transportation of refuse by
any person authorized to do so by the City.
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.
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.
means corporations, partnerships, and all business enterprises,
associations or organizations, however designed.
means the Huntington Beach Director of Public Works or his/her
authorized representative.
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.
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.
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.
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).
means any individual, firm, governmental unit, organization,
partnership, corporation, company or other entity.
means reduction, separation, recovery, conversion or recycling
of refuse.
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.
means the collection, transportation, storage, transfer,
or processing of recyclable materials.
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.
means the collection, transportation, storage, transfer,
or processing of recyclable waste material.
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.
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.
means the collection, transportation, storage, transfer,
disposal, or processing of refuse.
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).
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.
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)
The owner of any premises shall be liable for the costs to the
City for the enforcement of any provision of this chapter.
(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)
