For the purpose of this chapter, the following words and phrases
shall, when used in this chapter, have the meanings respectively ascribed
to them by this section:
"Black Container"
has the same meaning as "gray container" and shall be used
for the purpose of storage and collection of black container waste.
"Black Container Waste"
means solid waste that is collected in a black container
that is part of a three-container organic waste collection service
that prohibits the placement of organic waste in the black container
as specified in 14
CCR Sections 18984.1(a) and (b), or as otherwise
defined in 14
CCR Section 17402(a)(6.5).
"Blue Container"
has the same meaning as in 14
CCR Section 18982.2(a)(5) and
shall be used for the purpose of storage and collection of source
separated recyclable materials or source separated blue container
organic waste.
"Brown Container"
is a brown container which shall be used by commercial businesses
and multifamily complexes for the purpose of discarding and collecting
source separated organic waste.
"CalRecycle"
means California's Department of Resources Recycling and
Recovery, which is the department designated with responsibility for
developing, implementing, and enforcing SB 1383 regulations on cities
(and others).
"City"
means the City of Claremont.
"City Enforcement Official"
means the City Manager or their authorized designee(s) who
is/are partially or whole responsible for enforcing the chapter.
"City Manager"
means the City Manager of the City or his or her duly authorized
representative.
"Combustible waste matter"
includes and means magazines, books, boots, hats, trimmings
from lawns, trees, shrubs and flower garden cuttings, pasteboard boxes,
rags, paper, straw, sawdust, packing material, shaving boxes and all
rubbish and refuse that will incinerate through contact with flames
or ordinary temperature.
"Commercial business" or "commercial"
means a firm, partnership, proprietorship, joint-stock company,
corporation, or association, whether for-profit or nonprofit, strip
mall, industrial facility, or a multifamily residential dwelling,
or as otherwise defined in 14
CCR Section 18982(a)(6). A multifamily
residential dwelling that consists of fewer than five units is not
a commercial business for purposes of implementing this chapter.
"Commercial edible food generator"
includes a tier one or a tier two commercial edible food
generator as defined in this section or as otherwise defined in 14
CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition,
food recovery organizations and food recovery services are not commercial
edible food generators pursuant to 14
CCR Section 18982(a)(7).
"Compliance review"
means a review of records by a City to determine compliance
with this chapter.
"Community composting"
means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in
combination, and the total amount of feedstock and compost on site
at any one time does not exceed 100 cubic yards and 750 square feet,
as specified in 14
CCR Section 17855(a)(4); or, as otherwise defined
by 14
CCR Section 18982(a)(8).
"Compost"
has the same meaning as in 14
CCR Section 17896.2(a)(4),
which stated, as of the effective date of the ordinance codified in
this chapter, that "compost" means the product resulting from the
controlled biological decomposition of organic solid wastes that are
source separated from the municipal solid waste stream, or which are
separated at a centralized facility.
"Contractor"
means the person to whom the City Council has awarded a contract,
or has otherwise authorized to receive, collect, carry, haul, transport
and dispose of any and all refuse, solid waste, rubbish, waste matter
or dirt within the City.
"C&D"
means construction and demolition debris.
"Designee"
means an entity that the City contracts with or otherwise
arranges to carry out any of the City's responsibilities of this chapter
as authorized in 14
CCR Section 18981.2. A designee may be a government
entity, a hauler, a private entity, or a combination of those entities.
"Edible food"
means food intended for human consumption, or as otherwise
defined in 14
CCR Section 18982(a)(18). For the purposes of this chapter
or as otherwise defined in 14
CCR Section 18982(a)(18), "edible food"
is not solid waste if it is recovered and not discarded. Nothing in
this chapter or in 14
CCR, Division 7, Chapter 12 requires or authorizes
the recovery of edible food that does not meet the food safety requirements
of the California Retail Food Code.
"Enforcement action"
means an action of the City to address noncompliance with
this chapter, including, but not limited to, issuing administrative
citations, fines, penalties, or using other remedies.
"Excluded waste"
means hazardous substance, hazardous waste, infectious waste,
designated waste, volatile, corrosive, medical waste, infectious,
regulated radioactive waste, and toxic substances or material that
facility operator(s), which receive materials from the City and its
generators, reasonably believe(s) would, as a result of or upon acceptance,
transfer, processing, or disposal, be a violation of local, state,
or federal law, regulation, or ordinance, including: land use restrictions
or conditions, waste that cannot be disposed of in Class III landfills
or accepted at the facility by permit conditions, waste that in the
City's, or its designee's reasonable opinion would present a significant
risk to human health or the environment, cause a nuisance or otherwise
create or expose City, or its designee, to potential liability; but
not including de minimis volumes or concentrations of waste of a type
and amount normally found in single-family or multifamily solid waste
after implementation of programs for the safe collection, processing,
recycling, treatment, and disposal of batteries and paint in compliance
with Sections 41500 and 41802 of the California
Public Resources Code.
"Food distributor"
means a company that distributes food to entities including,
but not limited to, supermarkets and grocery stores, or as otherwise
defined in 14
CCR Section 18982(a)(22).
"Food facility"
has the same meaning as in Section 113789 of the Health and
Safety Code.
"Food recovery"
means actions to collect and distribute food for human consumption
that otherwise would be disposed, or as otherwise defined in 14
CCR
Section 18982(a)(24).
"Food recovery organization"
means an entity that engages in the collection or receipt
of edible food from commercial edible food generators and distributes
that edible food to the public for food recovery either directly or
through other entities or as otherwise defined in 14
CCR Section 18982(a)(25),
including, but not limited to:
1.
A food bank as defined in Section 113783 of the Health and Safety
Code;
2.
A nonprofit charitable organization as defined in Section 113841
of the Health and Safety code; and
3.
A food recovery organization is not a commercial edible food
generator for the purposes of this chapter and implementation of 14
CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for food recovery
organization differs from this definition, the definition in 14 CCR
Section 18982(a)(25) shall apply to this chapter.
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"Food recovery service"
means a person or entity that collects and transports edible
food from a commercial edible food generator to a food recovery organization
or other entities for food recovery, or as otherwise defined in 14
CCR Section 18982(a)(26). A food recovery service is not a commercial
edible food generator for the purposes of this chapter and implementation
of 14
CCR, Division 7, Chapter 12 pursuant to 14
CCR Section 18982(a)(7).
"Food scraps"
means all food such as, but not limited to, fruits, vegetables,
meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread,
cheese, and eggshells. Food scraps excludes fats, oils, and grease
when such materials are source separated from other food scraps.
"Food service provider"
means an entity primarily engaged in providing food services
to institutional, governmental, commercial, or industrial locations
of others based on contractual arrangements with these types of organizations,
or as otherwise defined in 14
CCR Section 18982(a)(27).
"Food-soiled paper"
is compostable paper material that has come in contact with
food or liquid, such as, but not limited to, compostable paper plates,
paper coffee cups, napkins, pizza boxes, and milk cartons.
"Food soiled paper"
means paper free of colors or dyes that has come into contact
with food or liquid, such as, but not limited to, napkins, paper towels,
etc.
"Green container"
has the same meaning as in 14
CCR Section 18982.2(a)(29)
and shall be used for the purpose of storage and collection of source
separated green container organic waste.
"Grocery store"
means a store primarily engaged in the retail sale of canned
food; dry goods; fresh fruits and vegetables; fresh meats, fish, and
poultry; and any area that is not separately owned within the store
where the food is prepared and served, including a bakery, deli, and
meat and seafood departments, or as otherwise defined in 14
CCR Section
18982(a)(30).
"Hauler route"
means the designated itinerary or sequence of stops for each
segment of the City's collection service area, or as otherwise defined
in 14
CCR Section 18982(a)(31.5).
"High diversion organic waste processing facility"
means a facility that is in compliance with the reporting
requirements of 14
CCR Section 18815.5(d) and meets or exceeds an
annual average mixed waste organic content recovery rate of 50% between
January 1, 2022 and December 31, 2024, and 75% after January 1, 2025,
as calculated pursuant to 14
CCR Section 18815.5(e) for organic waste
received from the "mixed waste organic collection stream" as defined
in 14
CCR Section 17402(a)(11.5); or as otherwise defined in 14
CCR
Section 18982(a)(33).
"Inspection"
means a site visit where a City reviews records, containers,
and an entity's collection, handling, recycling, or landfill disposal
of organic waste or edible food handling to determine if the entity
is complying with requirements set forth in this chapter, or as otherwise
defined in 14
CCR Section 18982(a)(35).
"Large event"
means an event, including, but not limited to, a sporting
event or a flea market, that charges an admission price, or is operated
by a local agency, and serves an average of more than 2000 individuals
per day of operation of the event, at a location that includes, but
is not limited to, a public, nonprofit, or privately owned park, parking
lot, golf course, street system, or other open space when being used
for an event. If the definition in 14
CCR Section 18982(a)(38) differs
from this definition, the definition in 14
CCR Section 18982(a)(38)
shall apply to this chapter.
"Large venue"
means a permanent venue facility that annually seats or serves
an average of more than 2000 individuals within the grounds of the
facility per day of operation of the venue facility. For purposes
of this chapter and implementation of 14
CCR, Division 7, Chapter
12, a venue facility includes, but is not limited to, a public, nonprofit,
or privately owned or operated stadium, amphitheater, arena, hall,
amusement park, conference or civic center, zoo, aquarium, airport,
racetrack, horse track, performing arts center, fairground, museum,
theater, or other public attraction facility. For purposes of this
chapter and implementation of 14
CCR, Division 7, Chapter 12, a site
under common ownership or control that includes more than one large
venue that is contiguous with other large venues in the site, is a
single large venue. If the definition in 14
CCR Section 18982(a)(39)
differs from this definition, the definition in 14
CCR Section 18982(a)(39)
shall apply to this chapter.
"Local education agency"
means a school district, charter school, or county office
of education that is not subject to the control of city or county
regulations related to solid waste, or as otherwise defined in 14
CCR Section 18982(a)(40).
"Multifamily commercial dwelling"
means of, from, or pertaining to residential premises with
five or more dwelling units. Multifamily premises do not include hotels,
motels, or other transient occupancy facilities, and are considered
commercial businesses.
"MWELO"
refers to the Model Water Efficient Landscape Ordinance (MWELO),
23
CCR, Division 2, Chapter 2.7.
"Noncombustible waste matter"
includes and means glass, broken brick, metal vessels, cans,
crockery and bottles, stones, ashes, auto parts and all rubbish or
refuse that will not incinerate through contact with flames of ordinary
temperature. This shall not include any unusually large or weighty
items.
"Non-compostable paper"
includes, but is not limited to, paper that is coated in
a plastic material that will not breakdown in the composting process,
paper with colors or dyes, or paper as otherwise defined in 14
CCR
Section 18982(a)(41).
"Non-local entity"
means the following entities that are not subject to the
City's enforcement authority, or as otherwise defined in 14
CCR Section
18982(a)(42): School district(s) located within the boundaries of
the City, including the Claremont Unified School District.
"Non-organic recyclables"
means non-putrescible and non-hazardous recyclable wastes,
including but not limited to, bottles, cans, metals, plastics and
glass, or as otherwise defined in 14
CCR Section 18982(a)(43).
"Notice of Violation (NOV)"
means a notice that a violation has occurred that includes
a compliance date to avoid an action to seek penalties, or as otherwise
defined in 14
CCR Section 18982(a)(45) or further explained in 14
CCR Section 18995.4.
"Organic waste"
means solid wastes containing material originated from living
organisms and their metabolic waste products, including, but not limited
to, food, green material, landscape and pruning waste, or as otherwise
defined in 14
CCR Section 18982(a)(46) as the City Council may designate
by resolution. Biosolids and digestate are as defined by 14
CCR Section
18982(a).
"Organic waste generator"
means a person or entity that is responsible for the initial
creation of organic waste, or as otherwise defined in 14
CCR Section
18982(a)(48).
"Paper products"
include, but are not limited to, paper janitorial supplies,
cartons, wrapping, packaging, file folders, hanging files, corrugated
boxes, tissue, and toweling, or as otherwise defined in 14
CCR Section
18982(a)(51).
"Person"
means natural person, joint venture, joint stock company,
partnership, association, club, company, corporation, business trust,
organization or the manager, agent, servant, officer or employee of
any of them.
"Printing and writing papers"
include, but are not limited to, copy, xerographic, watermark,
cotton fiber, offset, forms, computer printout paper, white wove envelopes,
manila envelopes, book paper, note pads, writing tablets, newsprint,
and other uncoated writing papers, posters, index cards, calendars,
brochures, reports, magazines, and publications, or as otherwise defined
in 14
CCR Section 18982(a)(54).
"Prohibited container contaminants"
means: (1) discarded materials placed in the blue container
that are not identified as acceptable source separated recyclable
materials for the City's blue container; (2) discarded materials placed
in the green or brown container that are not identified as acceptable
source separated green or brown container organic waste for the City's
green or brown container; (3) discarded materials placed in the black/gray
container that are acceptable source separated recyclable materials
and/or source separated green container organic wastes to be placed
in City's green container, brown container, and/or blue container;
and (4) excluded waste placed in any container.
"Recovered organic waste products"
means products made from California, landfill-diverted recovered
organic waste processed in a permitted or otherwise authorized facility,
or as otherwise defined in 14
CCR Section 18982(a)(60).
"Recovery"
means any activity or process described in 14
CCR Section
18983.1(b), or as otherwise defined in 14
CCR Section 18982(a)(49).
"Recycled-content paper"
means paper products and printing and writing paper that
consists of at least 30%, by fiber weight, postconsumer fiber, or
as otherwise defined in 14
CCR Section 18982(a)(61)
"Recyclable material"
means glass, newspaper, aluminum, plastics, waste paper,
cardboard, tin, and such other reusable materials as the City Council
may designate by resolution, sorted or commingled and otherwise prepared
under rules established by Council resolution.
"Refuse container"
means a wheeled plastic container for storing solid waste
and provided by the City for the automated collection of solid waste.
"Remote monitoring"
means the use of the Internet of Things (IoT) and/or wireless
electronic devices to visualize the contents of blue containers, green
containers, brown containers, and black/grey containers for purposes
of identifying the quantity of materials in containers (level of fill)
and/or presence of prohibited container contaminants.
"Renewable gas"
means gas derived from organic waste that has been diverted
from a California landfill and processed at an in-vessel digestion
facility that is permitted or otherwise authorized by 14
CCR to recycle
organic waste, or as otherwise defined in 14
CCR Section 18982(a)(62).
"Restaurant"
means an establishment primarily engaged in the retail sale
of food and drinks for on-premises or immediate consumption, or as
otherwise defined in 14
CCR Section 18982(a)(64).
"Route review"
means a visual inspection of containers along a hauler route
for the purpose of determining container contamination, and may include
mechanical inspection methods such as the use of cameras, or as otherwise
defined in 14
CCR Section 18982(a)(65).
"SB 1383"
means Senate Bill 1383 of 2016 approved by the Governor on
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7,
and 39730.8 to the
Health and Safety Code, and added Chapter 13.1
(commencing with Section 42652) to Part 3 of Division 30 of the Public
Resources Code, establishing methane emissions reduction targets in
a statewide effort to reduce emissions of short-lived climate pollutants
as amended, supplemented, superseded, and replaced from time to time.
"SB 1383 regulations" or "SB 1383 regulatory"
means or refers to, for the purposes of this chapter, the
Short-Lived Climate Pollutants: Organic Waste Reduction regulations
developed by CalRecycle and adopted in 2020 that created 14
CCR, Division
7, Chapter 12 and amended portions of regulations of 14
CCR and 27
CCR.
"Self-hauler"
means a person, who hauls solid waste, organic waste, or
recyclable material he or she has generated to another person. Self-hauler
also includes a person who back-hauls waste, or as otherwise defined
in 14
CCR Section 18982(a)(66). Back-haul means generating and transporting
organic waste to a destination owned and operated by the generator
using the generator's own employees and equipment, or as otherwise
defined in 14
CCR Section 18982(a)(66)(A).
"Single-family"
means of, from, or pertaining to any residential premises
with one unit.
"Solid waste"
has the same meaning as defined in State Public Resources
Code Section 40191, which defines solid waste as all putrescible and
non-putrescible solid, semi-solid, and liquid wastes, including solid
waste, 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 and semi-solid wastes, and other discarded solid and
semi-solid wastes, with the exception that solid waste does not include
any of the following wastes:
2.
Radioactive waste regulated pursuant to the State Radiation
Control Law (Chapter 8 (commencing with Section 114960) of Part 9
of Division 104 of the State
Health and Safety Code).
3.
Medical waste regulated pursuant to the State Medical Waste
Management Act (Part 14 (commencing with Section 117600) of Division
104 of the State
Health and Safety Code). Untreated medical waste
shall not be disposed of in a solid waste landfill, as defined in
State
Public Resources Code Section 40195.1. Medical waste that has
been treated and deemed to be Solid Waste shall be regulated pursuant
to Division 30 of the State
Public Resources Code.
"Source separated"
means materials, including commingled recyclable materials,
that have been separated or kept separate from the solid waste stream,
at the point of generation, for the purpose of additional sorting
or processing those materials for recycling or reuse in order to return
them to the economic mainstream in the form of raw material for new,
reused, or reconstituted products, which meet the quality standards
necessary to be used in the marketplace, or as otherwise defined in
14
CCR Section 17402.5(b)(4). For the purposes of this chapter, source
separated shall include separation of materials by the generator,
property owner, property owner's employee, property manager, or property
manager's employee into different containers for the purpose of collection
such that source separated materials are separated from gray/black
container waste other solid waste for the purposes of collection and
processing.
"Source separated blue container organic waste"
means source separated organic wastes that can be placed
in a blue container that is limited to the collection of those organic
wastes and non-organic recyclables as defined in Section 18982(a)(43),
or as otherwise defined by Section 17402(a)(18.7).
"Source separated green/brown container organic waste"
means source separated organic waste that can be placed in
a green or brown container that is specifically intended for the separate
collection of organic waste by the generator, excluding source separated
blue container organic waste and non-compostable paper.
"State"
means the State of California.
"Street"
includes all streets, highways, avenues, lanes, alleys, courts,
places, squares or other public ways in this City which have been
or may hereafter be dedicated or open to public use, or such other
public property so designated in any law of this state.
"Supermarket"
means a full-line, self-service retail store with gross annual
sales of two million dollars ($2,000,000), or more, and which sells
a line of dry grocery, canned goods, or nonfood items and some perishable
items, or as otherwise defined in 14
CCR Section 18982(a)(71).
"Tier one commercial edible food generator"
means a commercial edible food generator that is one of the
following:
2.
Grocery store with a total facility size equal to or greater
than 10,000 square feet.
5.
Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of tier one
commercial edible food generator differs from this definition, the
definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.
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"Tier two commercial edible food generator"
means a commercial edible food generator that is one of the
following:
1.
Restaurant with 250 or more seats, or a total facility size
equal to or greater than 5,000 square feet.
2.
Hotel with an on-site food facility and 200 or more rooms.
3.
Health facility with an on-site food facility and 100 or more
beds.
6.
A state agency with a cafeteria with 250 or more seats or total
cafeteria facility size equal to or greater than 5,000 square feet.
7.
A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of tier two
commercial edible food generator differs from this definition, the
definition in 14 CCR Section 18982(a)(74) shall apply to chapter.
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"Waste matter"
includes both combustible and noncombustible waste matter,
solid waste, organic waste, and recyclable material as defined by
this section.
"Wholesale food vendor"
means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables)
is received, shipped, stored, prepared for distribution to a retailer,
warehouse, distributor, or other destination, or as otherwise defined
in 14
CCR Section 189852(a)(76).
(21-07)
The City, in order to more effectually promote and protect the
public health and safety and reduce the danger and hazard of fire
and conflagrations, reserves unto itself or its licensee or contractor
the exclusive right to collect, transport and dispose of, or cause
to be collected, transported and disposed of, all waste matter produced
or found within the corporate limits of the City. It is unlawful for
any person, to collect, transport or dispose of any waste matter within
the City, except as provided by this chapter.
(21-07)
The collection, removal and disposal of all waste matter shall be performed exclusively by the City or its licensee under the supervision of the City Manager; provided, however, that any person may engage in the business of collection, removal or disposal of waste matter, if authorized, licensed, or permitted to do so by the City pursuant to Section
8.08.070.
(21-07)
The City Council may make or let contracts or enter into agreements
or licenses with any persons for the removal of waste matter. Before
any such contract is entered into by the City, bids shall be called
for. A notice inviting bids shall be printed once in a newspaper published
and circulated within the City.
(21-07)
Each licensee under the provisions of Section
8.08.040 shall give a bond payable to the City, in a sum satisfactory to the City Council, conditioned for the faithful performance of the duties imposed by this chapter and the terms of any contract or agreement entered into with the City.
(21-07)
Any license issued under the provisions of Section
8.08.040 may be revoked at any time by the Council for noncompliance with the terms of this chapter or any agreement entered into.
(21-07)
A person engaged in the business of recycling, commercial gardening,
or construction/deconstruction activities may be authorized to collect,
remove, and dispose of waste matter, including recyclable material,
organic waste, and/or construction debris as incident to such business,
utilizing employees and appropriate equipment owned by said contractor,
and subject to the following requirements:
1. Self-haulers
shall source separate all recyclable materials and organic waste (materials
that the City otherwise requires generators to separate for collection
in the City's organics and recycling collection program) generated
on site from solid waste in a manner consistent with 14
CCR Sections
18984.1 and 18984.2, or shall haul organic waste to a high diversion
organic waste processing facility as specified in 14
CCR Section 18984.3.
2. Self-haulers
shall haul their source separated recyclable materials to a facility
that recovers those materials; and haul their source separated green
container organic waste to a solid waste facility, operation, activity,
or property that processes or recovers source separated organic waste.
Alternatively, self-haulers may haul organic waste to a high diversion
organic waste processing facility.
3. Self-haulers
that are commercial businesses (including multifamily commercial dwellings)
shall keep a record of the amount of organic waste delivered to each
solid waste facility, operation, activity, or property that processes
or recovers organic waste; this record shall be subject to inspection
by the City. The records shall include the following information:
a. Delivery
receipts and weight tickets from the entity accepting the waste.
b. The
amount of material in cubic yards or tons transported by the generator
to each entity.
c. If
the material is transported to an entity that does not have scales
on site or employs scales incapable of weighing the self-hauler's
vehicle in a manner that allows it to determine the weight of materials
received, the self-hauler is not required to record the weight of
material but shall keep a record of the entities that received the
organic waste.
4. An organic
waste generator that self-hauls organic waste is not required to record
or report information to the City.
(21-07)
The maximum weight of refuse collected in City-provided receptacles
shall be limited to that which is serviceable by City equipment, at
the City's sole and unfettered discretion.
(21-07)
Refuse not subject to routine collection shall include large
discarded appliances, bed springs, logs, stumps, rubble, construction
waste, dirt, junked automobiles or solid waste resulting from industrial
processes and manufacturing operations.
(21-07)
For the collection of such refuse itemized in Section
8.08.110, special service charges at rates to be established by resolution of the City Council shall be payable to the City immediately upon presentation of a bill for such services.
(21-07)
The City Manager may make such regulations concerning the number
of collections and removals of solid waste and waste matter as may
be necessary to carry out the provisions of this chapter. In no case,
however, shall collection be less often than once a week for solid
waste and waste matter.
(21-07)
The City Council shall by resolution determine, fix and establish
fees or charges to be paid to the City for providing and making available
a service in the collection and disposal of refuse, solid waste and
waste matter. Such charges may be established by classification as
follows:
A. For
single-family dwellings;
B. For
all apartment houses, flats, duplexes, bungalow courts and multiple-family
dwellings;
C. For
commercial establishments, churches, schools and any sources other
than residential.
(21-07)
The fees established by the City Council shall be billed to
and paid for by the owner of the premises; provided, however, that
the owner may seek reimbursement from the respective occupants for
whose benefit the charge is paid. For nonresidential uses such as
commercial establishments, churches, schools, etc., such fees may
be billed to and paid for by the proprietor or occupant thereof.
All owners of places and premises in the City are made liable
for the fees as prescribed by this chapter, except upon special exemption
by the City Council.
(21-07)
All fees for the collection of solid waste and combustible and
noncombustible waste matter may be billed on a monthly or quarterly
basis and shall be payable upon presentation date at the cashier's
window and may be combined with statements for other services.
In accordance with California
Government Code Section 54348,
a penalty for delinquent payment or nonpayment of sanitation service
charges may be established at a rate determined by the City Council
provided that the maximum rate shall be that permitted under Government
Code Section 54348, as it may be amended from time to time. The City
Council shall establish the rate of the penalty fee by resolution
after first holding a public hearing. The City's financial services
department shall be charged with administering and collecting the
penalty.
(21-07)
Any fees authorized pursuant to Sections
8.08.150,
8.08.170 and
12.36.010 which remain unpaid for a period of six or more months after the date upon which they were billed may be collected thereafter by the City as provided as follows:
A. The
City Council shall cause a report of delinquent rubbish and sewer
fees to be prepared periodically. The Council shall fix a time, date
and place for hearing the report and any objections or protests thereto.
B. The
Council shall cause notice of the hearing to be mailed to landowners
listed on the report not less than 14 days prior to the date of the
hearing.
C. At the
hearing the Council shall hear any objections or protests of landowners
liable to be assessed for delinquent fees. The Council may make such
revisions or corrections to the report as it deems just, after which,
by resolution, the report shall be confirmed.
D. The
delinquent fees set forth in the report as confirmed shall constitute
special assessments against the respective parcels of land and are
a lien on the property for the amount of such delinquent fees plus
late charges and cost of lien. A certified copy of the confirmed report
shall be filed with the City Clerk, or auditor appointed by the City
Council, for the amount of the respective assessments against the
respective parcels of land as they appear on the current assessment
role. The lien created attaches upon recordation, in the office of
the County Recorder, of a certified copy of the resolution of confirmation.
The assessment may be collected at the same time and in the same manner
as ordinary City ad valorem property taxes are collected and shall
be subject to the same penalties and the same procedure and sale in
case of delinquency as provided for such taxes. All laws applicable
to the levy, collection and enforcement of City ad valorem property
taxes shall be applicable to such assessment.
(21-07)
The City with its own employees or a duly authorized contract agent shall collect and remove, from all places and premises in the City, all solid waste and waste matter which are contained in receptacles placed along the street curb in front thereof, or along the alley in the rear thereof, depending upon whether the prescribed route is along the street or alley, except as may be otherwise provided in Section
8.08.380.
(21-07)
In those areas of the City where recycling service is provided
by the City, recyclable materials may be placed at the curb, or where
alley collection is provided, at the alley, on the day established
by the City Manager for collection, or the night before. Recyclable
materials shall be placed in containers or bundled in accordance with
rules adopted by resolution of the City Council. No one other than
the owner of the recyclable materials, or the City, or their authorized
agents, may remove or interfere with recyclable materials placed for
collection. Each violation of this section shall be an infraction.
(21-07)
The City Council may by resolution allow the backyard collection
of refuse, subject to additional fees for service, in which event
all waste matter receptacles shall at all times be located at the
nearest accessible place for removing and emptying the same, but shall
not be placed along the curb of any street within the corporate limits
of the City. "Nearest accessible place" shall be defined as the side
of an alley if the property adjoins an alley, or a distance within
25 feet of the rear of the house if the property does not adjoin an
alley.
(21-07)
No person shall place any solid waste receptacles in any public
street or alley at any place or in any manner other than as provided
in this chapter or at any time other than on the day established by
the City Manager for the collection of such materials on the particular
route, or on the preceding night, or permit such a receptacle to remain
thereon for more than 12 hours after it has been emptied.
(21-07)
No person other than the owner thereof, or any officer, employee
or licensee of the City shall move, remove or interfere with any waste
matter receptacle or the contents thereof.
(21-07)
All refuse and recyclable receptacles shall be kept in a clean
and sanitary condition by the person using the same.
(21-07)
Solid waste and waste matter receptacles shall be kept tightly covered at all times, except as noted in Section
8.08.240 or when solid waste and waste matter is being deposited therein or removed therefrom and shall at all times be proof against access by flies to the contents thereof.
(21-07)
No person shall dump, place or bury in any lot, land or street within the City, any solid waste, waste matter or any other deleterious or offensive substance; provided, however, that this section shall not apply to any land used by the City for a disposal site, or to lawful composting as described in Section
8.08.280.
(21-07)
No person owning or occupying any building, lot or premises in the City shall allow any waste matter to accumulate, collect and remain open upon such lot or premises. This provision shall not be construed as interfering with building under a building permit during the course of construction and within a reasonable time thereafter, or wood neatly piled for kitchen or household use, or lawful composting as described in Section
8.08.280.
(21-07)
It is unlawful to store, deposit or keep solid waste in a place
accessible to rats.
(21-07)
It is unlawful to burn solid waste within the City except in
incinerators of a type approved in writing by the City Engineer and
the health officer.
(21-07)
No person shall remove or convey or cause or permit to be removed or conveyed any solid waste upon or along any public street or alley or other public place in the City; provided, however, that the provisions of this section shall not apply to any person in the employ of the City who shall be assigned by the City Manager to the work of solid waste removal or to any person with whom the City has entered into a contract for the collection, removal or purchase of solid waste or to any employee of such contractor during such time as such contract shall be in force or to any person conveying solid waste collected outside of the City, except as described in Section
8.08.070.
(21-07)
Waivers for physical de minimis volumes and/or physical space
limitations may be granted by the City if the following conditions
are met.
A. De Minimis
Waivers. The City may waive a commercial business's obligation (including
multifamily commercial dwellings) to comply with some or all of the
organic waste requirements of this chapter if the commercial business
provides documentation that the business generates below a certain
amount of organic waste material as described in subsection (A)(2)
below. Commercial businesses requesting a de minimis waiver shall:
1. Submit
an application specifying the services that they are requesting a
waiver from and provide documentation as noted in subsection (A)(2)
below.
2. Provide
documentation that either:
a. The commercial business' total solid waste collection service is
two cubic yards or more per week and organic waste subject to collection
in a green or brown container comprises less than 20 gallons per week
per applicable container of the business' total waste; or
b. The commercial business' total solid waste collection service is
less than two cubic yards per week and organic waste subject to collection
in a brown container or green container comprises less than 10 gallons
per week per applicable container of the business' total waste.
3. Notify
the City if circumstances change such that commercial business's organic
waste exceeds threshold required for waiver, in which case waiver
will be rescinded.
4. Provide
written verification of eligibility for de minimis waiver every five
years, if the City has approved de minimis waiver.
B. Physical Space Waivers. The City may waive a commercial business' or property owner's obligations (including multifamily commercial dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the City has evidence from its own staff, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of Section
8.08.340.
A commercial business or property owner may request a physical
space waiver through the following process:
1. Submit
an application form specifying the type(s) of collection services
for which they are requesting a compliance waiver.
2. Provide
documentation that the premises lacks adequate space for brown/green
containers and/or blue containers
3. Provide
written verification to the City that it is still eligible for physical
space waiver every five years, if the City has approved application
for a physical space waiver.
C. If a commercial generator can demonstrate their brown container, green container, and/or blue container program compliance through internal efforts or use of a third-party contractor that is permitted by the City in accordance with Section
8.08.080, that commercial generator may receive a waiver from mandatory subscription to the City's collection program that diverts this same material. Such waivers are at the City's sole and unfettered discretion.
(21-07)
All members of the police department and the health office are
specifically required to enforce the provisions of this chapter and
shall have the right to enter any and all premises for the purpose
of determining the sanitary conditions thereof. In the event that
entry is denied to the officer, he or she shall apply for the issuance
of a warrant of inspection and show cause for the desired inspection.
A. City
representatives and/or its designated entity are authorized to conduct
inspections and investigations, at random or otherwise, of any collection
container, collection vehicle loads, or transfer, processing, or disposal
facility for materials collected from generators, or source separated
materials to confirm compliance with this chapter by organic waste
generators, commercial businesses (including multifamily residential
dwellings), property owners, commercial edible food generators, haulers,
self-haulers, food recovery services, and food recovery organizations,
subject to applicable laws. This section itself does not allow City
staff or the City's designated officials to enter the interior of
a private residential property for inspection unless otherwise authorized
to do so. For the purposes of inspecting commercial business containers
for compliance with this section, the City may conduct container inspections
for prohibited container contaminants using remote monitoring, and
commercial businesses shall accommodate and cooperate with the remote
monitoring pursuant to this section.
B. Regulated
entity shall provide or arrange for access during all inspections
(with the exception of residential property interiors) and shall cooperate
with the City's employee or its designated entity/designee during
such inspections and investigations. Such inspections and investigations
may include confirmation of proper placement of materials in containers,
edible food recovery activities, records, or any other requirement
of this chapter described herein. Failure to provide or arrange for:
(1) access to an entity's premises; (2) installation and operation
of remove monitoring equipment; or (3) access to records for any Inspection
or investigation is a violation of this chapter and may result in
penalties described.
C. Any
records obtained by the City during its inspections, remote monitoring,
and other reviews shall be subject to the requirements and applicable
disclosure exemptions of the Public Records Act as set forth in Government
Code Section 6250 et seq.
D. City
representatives, its designated entity, and/or designee are authorized
to conduct any inspections, remote monitoring, or other investigations
as reasonably necessary to further the goals of this chaper, subject
to applicable laws.
E. City
shall receive written complaints from persons regarding an entity
that may be potentially noncompliant with SB 1383 regulations, including
receipt of anonymous complaints.
(21-07)
Nothing contained in this chapter shall be construed to prohibit any producer of combustibles or noncombustibles solid waste from hauling to and dumping the same at the dump site located outside of the City limits but in accordance with the fee payment provisions as established hereinbefore and the sorting and reporting requirements detailed in Section
8.08.080. All solid waste, etc., shall be hauled out and disposed of outside the corporate limits of the City.
(21-07)
City departments, and direct service providers to the City,
as applicable, must comply with the City's recovered organic waste
product procurement policy.
(21-07)