As used in this chapter and Chapters 8.12, 8.17, 8.19, 8.80, and 8.81, the following words and phrases are defined and shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning was intended. If a term or word is not specifically defined herein but is defined in the California Integrated Waste Management Act of 1989 (California Public Resources Code Sections 40000 et seq.) it shall have the meaning prescribed therein.
means California's Department of Resources Recycling and
Recovery or its successor.
means an administrative citation issued pursuant to Chapter 1.08 of this code.
means the city of Palm Desert, California.
means the city council of the city of Palm Desert, California.
means the city manager of the city of Palm Desert, or their
designee.
as used in this chapter and associated thereto, means all
containers provided by the city or the franchise waste hauler(s) of
the city for the collection of recyclable materials.
means the act of collecting solid waste, including recyclable
materials and organic waste, at or near the place of generation by
a franchise waste hauler, and the physical possession, transport,
and removal of such materials.
means any building or site in any zone of the city, other
than residential premises, from which any business, service, nonprofit,
governmental, institutional, commercial, or industrial activity is
conducted, including, without limitation, motels, hotels, recreational
vehicle parks, restaurants, professional offices, clubhouses, places
of entertainment, manufacturing plants, and private schools, 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.
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).
means any activity that composts organic 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 one hundred cubic yards and seven
hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4);
or as otherwise defined by 14 CCR Section 18982(a)(8).
means a review of records by the city to determine compliance
with this chapter.
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.
means plastic materials that meet the ASTM D6400 standard
required for a material to be compostable, or as otherwise specified
by 14 CCR Section 18982(a)(18).
means a container containing:
Discarded materials placed in a blue container that are not
identified as recyclable materials.
Discarded materials placed in a green container that are not
identified as organic materials.
Discarded materials placed in a gray container that are identified
as recyclable materials and/or organic materials, which are to be
separately collected.
Excluded waste placed in any container.
means a receptacle for temporary storage of discarded materials.
containers include, but are not limited to, bins, carts, roll-off
boxes, split bins, compactors, cans, buckets, or other storage instruments.
means a container, regardless of color, that contains prohibited
container contaminants, or as otherwise defined in 14 CCR Section
18982(a)(55).
means any combination of inert building materials and solid
waste resulting from construction, remodeling, repair, cleanup, or
demolition operations as defined in 22 CCR Section 66261.3 et seq.
This term includes, but is not limited to, asphalt, concrete, Portland
cement concrete, brick, lumber, gypsum wallboard, cardboard, and other
associated packaging; roofing material, ceramic tile, carpeting, plastic
pipe, and steel. The material may be commingled with rock, soil, tree
stumps, and other vegetative matter resulting from land clearing and
landscaping for construction or land development projects.
means Riverside County.
as used in this chapter and associated thereto, means the
location where city-owned discarded materials shall be placed and
picked up by the city, or franchise waste hauler(s) of the city.
shall have the same definition as 14 CCR § 18982(14.5).
means an entity that the city contracts with or otherwise
arranges to carry out any of the city's responsibilities of this chapter
and as authorized in 14 CCR Section 18981.2. A designee may be a government
entity, a waste hauler, a private entity, or a combination of those
entities.
means recyclable materials, organic materials, and/or other
solid waste, in all cases where a fee or other compensation, in any
form or amount, is directly or indirectly solicited from, or, levied,
charged, or otherwise imposed on, or paid by, the generator in exchange
for handling services. As used herein, handling services include,
without limitation, the collection, removal, transportation, delivery,
recycling, processing and/or disposal of the material. Discarded materials
do not include edible food that is recovered for human consumption
and is not discarded. Discarded materials include source separated
recyclable materials, source separated organic materials, food waste,
solid waste, bulky items, and C&D debris once the materials have
been placed in containers for collection or, if not placed in containers
for collection, placed properly for collection.
means the ultimate disposition of discarded materials at
a landfill or otherwise in full regulatory compliance. "Disposal"
does not include recycling or organic materials processing.
means to prevent discarded materials from being disposed
of at a landfill or transformation facilities, (including facilities
using incineration, pyrolysis, distillation, gasification, or biological
conversion methods) through source reduction, reuse, recycling, composting,
anaerobic digestion, or other method of processing.
means the individual private premises contained in any building
intended, whether occupied or not, as the residence for one household,
regardless of the number of individuals in the household. A building
may contain more than one dwelling unit. A "dwelling" does not include
hospitals, hotels, motels, nursing homes, or convalescent centers.
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.
means hazardous substances, hazardous waste, infectious waste,
designated waste, volatile, corrosive, medical waste, sharps, 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 the city, or its designee, to potential liability;
but not including de minimis volumes or concentrations of waste of
a type and amount normally found in single-family or multifamily solid
waste after implementation of programs for the safe collection, processing,
recycling, treatment, and disposal of batteries and paint in compliance
with Sections 41500 and 41802 of the California Public Resources Code.
Excluded waste does not include electronic waste, universal waste,
used motor oil and filters, or household batteries when such materials
are defined as allowable materials for collection through the city's
collection programs and the generator has properly placed the materials
for collection pursuant to instructions provided by the city or its
designee for collection services.
means a company that distributes food to entities including,
but not limited to, supermarkets and grocery stores, or as otherwise
defined in 14 CCR Section 18982(a)(22).
has the same meaning as in Section 113789 of the Health and
Safety Code.
means actions to collect and distribute food for human consumption
which otherwise would be disposed of, or as otherwise defined in 14
CCR Section 18982(a)(24).
means an entity that engages in the collection or receipt
of edible food from commercial edible food generators and distributes
that edible food to the public for food recovery either directly or
through other entities, including, but not limited to:
A food bank as defined in Section 113783 of the Health and Safety
Code.
A nonprofit charitable organization as defined in Section 113841
of the Health and Safety code.
A nonprofit charitable temporary food facility as defined in
Section 113842 of the Health and Safety Code.
means a person who 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).
includes, but is not limited to, fruits, vegetables, meat,
poultry, seafood, shellfish, bones, rice, beans, pasta, grains, bread,
cheese, and eggshells. Food Scraps excludes fats, oils, and grease
when such materials are source separated from other food scraps.
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).
is paper material that has come in contact with food or liquid,
such as, but not limited to, paper plates, paper coffee cups, napkins,
pizza boxes, and milk cartons. Food-soiled paper excludes noncompostable
paper.
means food scraps separated from solid waste and offered
for collection by franchise waste hauler, that will decompose and/or
putrefy including: (1) all kitchen and table food waste, and animal
or vegetable waste that attends or results from the storage, preparation,
cooking, or handling of food stuffs; and (2) food-soiled paper.
means an agreement made by the city with a franchise waste
hauler for the collection of recyclable materials, organic material
and/or solid waste.
shall mean any person, persons, firm, or corporation to whom
a franchise agreement has been granted by the city for the collection,
processing, recycling, and disposal of discarded materials.
means a person or entity that is responsible for the initial
creation of one or more types of discarded materials.
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).
is defined to include any hazardous or toxic substance, material
or waste which is or becomes regulated by any local governmental authority,
the state of California, or the United States Government. The term
"hazardous material" includes, without limitation, any material or
substance which is: (1) petroleum or oil or gas or any direct or derivate
product or byproduct thereof; (2) defined as a "hazardous waste,"
"extremely hazardous waste" or "restricted hazardous waste" under
Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140,
of the California Health and Safety Code, Division 20, Chapter 6.5
(Hazardous Waste Control Law); (3) defined as a "hazardous substance"
under Section 25316 of the California Health and Safety Code, Division
20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account
Act); (4) defined as a "hazardous material," "hazardous substance,"
or "hazardous waste" under Sections 25501(j) and (k) and 25501.1 of
the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous
Materials Release Response Plans and Inventory); (5) defined as a
"hazardous substance" under Section 25281 of the California Health
and Safety Code, Division 20, Chapter 6.7 (Underground Storage of
Hazardous Substances); (6) "used oil" as defined under Section 25250.1
of the California Health and Safety Code; (7) asbestos; (8) listed
under Captor 11 of Division 4.5 of Title 22 of the California Code
of Regulations, or defined as hazardous or extremely hazardous pursuant
to Chapter 10 of Division 4.5 of Title 22 of the California Code of
Regulations; (9) defined as waste or a hazardous substance pursuant
to the Porter-Cologne Act, Section 13050 of the California Water Code;
(10) designated as a "toxic pollutant" pursuant to the Federal Water
Pollution Control Act, 33 U.S.C. Section 1317; (11) defined as " hazardous
waste" pursuant to the Federal Resource Conservation and Recovery
Act, 42 U.S.C. Section 6901, et seq. (42 U.S.C. § 6903);
(12) defined as a "hazardous substance" pursuant to the Comprehensive
Environmental Response, Compensation and Liability Act, 42 U.S.C.
Section 6901); (13) defined as "hazardous material" pursuant to the
Hazardous Materials Transportation Act 29 U.S.C. Section 5101, et
seq.; or (14) defined as such or regulated by any "Superfund" or "Superlien"
law, or any other federal, state or local law, statute, ordinance,
code, rule, regulation, order or decree regulating, relating to, or
imposing liability or standards of conduct concerning hazardous materials
and/or oil wells and/or underground storage tanks and/or pipelines,
as now, or at any time hereafter, in effect.
means all substances defined as hazardous waste, acutely
hazardous waste, or extremely hazardous waste by the state of California
in Health and Safety Code Sections 25110.02, 25115, and 25117 or in
the future amendments to or recodifications of such statutes or identified
and listed as hazardous waste by the US Environmental Protection Agency
(EPA), pursuant to the Federal Resource Conservation and Recovery
Act (42 USC Section 6901 et seq.).
includes the health officer or other agent of the health
department of county, and shall include duly authorized personnel
of the state department of health services in the enforcement of applicable
state law, city ordinance, or state or county rule or regulation in
aid thereof.
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 fifty
percent between January 1, 2022 and December 31, 2024, and seventy-five
percent after January 1, 2025, as calculated pursuant to 14 CCR Section
18815.5(e) for organic waste received from the "mixed waste organic
collection stream" as defined in 14 CCR Section 17402(a)(11.5); or
as otherwise defined in 14 CCR Section 18982(a)(33).
means a site visit where a designee of the city reviews records,
containers, and an entity's collection, handling, Recycling, or landfill
Disposal of discarded materials 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).
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 two thousand
individuals per day of operation of the event, at a location that
includes, but is not limited to, a public, nonprofit, or privately
owned park, parking lot, golf course, street system, or other open
space when being used for an event. If the definition in 14 CCR Section
18982(a)(38) differs from this definition, the definition in 14 CCR
Section 18982(a)(38) shall apply to this chapter.
means a permanent venue facility that annually seats or serves
an average of more than two thousand individuals within the grounds
of the facility per day of operation of the venue facility. For purposes
of this chapter and implementation of 14 CCR, Division 7, Chapter
12, a venue facility includes, but is not limited to, a public, nonprofit,
or privately owned or operated stadium, amphitheater, arena, hall,
amusement park, conference or civic center, zoo, aquarium, airport,
racetrack, horse track, performing arts center, fairground, museum,
theater, or other public attraction facility. For purposes of this
chapter and implementation of 14 CCR, Division 7, Chapter 12, a site
under common ownership or control that includes more than one large
venue that is contiguous with other large venues in the site, is a
single large venue. If the definition in 14 CCR Section 18982(a)(39)
differs from this definition, the definition in 14 CCR Section 18982(a)(39)
shall apply to this chapter.
means a school district, charter school, or county office
of education that is not subject to the control of city or county
regulations related to solid waste, or as otherwise defined in 14
CCR Section 18982(a)(40).
for the purpose of SB 1383 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, which are considered commercial businesses. References
to "multifamily dwelling unit" refer to an individual residential
unit of the multifamily premises.
includes, but is not limited to, paper that is coated in
a plastic material that will not breakdown in the composting process,
or as otherwise defined in 14 CCR Section 18982(a)(41).
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):
means non-putrescible and non-hazardous recyclable materials,
including, but not limited to, bottles, cans, metals, plastics, and
glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
are defined as food waste, yard waste, landscape and pruning
waste, nonhazardous wood waste, and food-soiled paper waste that is
mixed in with food waste. No discarded material shall be considered
to be organic materials, however, unless it is separated from recyclable
materials and solid waste. organic materials are a subset of organic
waste.
means a container designated for the collection of organic
materials.
means solid waste containing material originated from living
organisms and their metabolic waste products, including, but not limited
to, food waste, food scraps, yard waste, organic textiles and carpets,
lumber, wood, paper products, printing and writing paper, manure,
biosolids, digestate, and sludges, or as otherwise defined in 14 CCR
Section 18982(a)(46). Biosolids and digestate are as defined in 14
CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.
include, but are not limited to, paper janitorial supplies,
cartons, wrapping, packaging, file folders, hanging files, corrugated
boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section
18982(a)(51).
means an individual, group of individuals, and/or any legal
entity recognized by the laws of the state.
means and includes any land, building and/or structure, or
portion thereof, in the city where discarded materials are produced,
generated, or accumulated. All structures on the same legal parcel
which are owned by the same person shall be considered as one premises.
means the controlled separation, recovery, volume reduction,
conversion, or recycling of solid waste including, but not limited
to, organized, manual, automated, or mechanical sorting, the use of
vehicles for spreading of waste for the purpose of recovery, and/or
includes the use of conveyor belts, sorting lines, or volume reduction
equipment, or as otherwise defined in 14 CCR Section 17402(a)(20).
means:
Discarded materials placed in the recyclable materials container
that are not identified as acceptable source separated recyclable
materials for the city's recyclable materials container.
Discarded materials placed in the organic materials container
that are not identified as acceptable source separated organic materials
for the city's organic materials container.
Discarded materials placed in the solid waste container that
are acceptable source separated recyclable materials and/or source
separated organic materials to be placed in city's organic materials
container and/or recyclable materials container.
Excluded waste placed in any container.
means the owner of a parcel whose name and address appear
on the last equalized secured property tax assessment roll, or in
the case of any public entity, the state of California, or the United
States, means the representative of that public entity at the address
of that entity known to the agency.
means the process of collecting, sorting, cleansing, treating, and reconfiguring recyclable materials for the purpose of returning them to the economic mainstream in the form of raw materials for new, reused, or reconstituted products which meet the quality standards necessary to be used in the market-place. recycling includes processes deemed to constitute a reduction of landfill disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201. The collection, transportation, or disposal of solid waste not intended for, or capable of, reuse is not recycling.
as used in this chapter and associated thereto, means any
person or persons, firm, partnership, joint venture, association,
or corporation engaged in the collection and recycling of recyclable
materials.
means those discarded materials that capable of being set
out by generators in recyclables containers for collection for the
purpose of recycling. recyclable materials shall include, but not
be limited to:
Newspaper (including inserts, coupons, and store advertisements);
Mixed paper (including office paper, computer paper, magazines,
junk mail, catalogs, brown paper bags, brown paper, paperboard, paper
egg cartons, telephone books, colored paper, construction paper, envelopes,
legal pad backings, shoe boxes, gable top beverage containers, cereal
and other similar food boxes, yet excluding paper tissues, paper towels,
paper with plastic coating, paper contaminated with food, wax paper,
foil-lined paper and cartons, and Tyvex non-tearing paper envelopes);
Chipboard;
Corrugated cardboard;
Glass containers of any color (including brown, clear, and green
glass bottles and jars);
Aluminum (including beverage containers and small pieces of
scrap metal);
Steel, tin, or bi-metal cans;
Mixed plastics such as plastic containers (no. one to seven,
except expanded Polystyrene (EPS), and
Bottles (including bottles made of HDPE, LDPE, or PET).
means a container designated for the collection of recyclable
materials.
means any residential dwelling.
refers, without regard to form of ownership, to a parcel
of property with no more than four separate dwelling units, each unit
intended for occupancy by separate households, that provides on such
parcel off street parking for residents of the complex.
means the owner, property manager, tenant, lessee, occupant,
or their other designee that subscribes to and pays for recyclable
materials, organic materials, and/or solid waste collection services
for a premises in the city, or, if there is no such subscriber, the
owner or property manager of a single-family premises, multifamily
premises, or commercial premises. In instances of dispute or uncertainty
regarding who is the responsible party for a premise, responsible
party shall mean the owner of a single-family premises, multifamily
premises, or commercial premises.
means an establishment primarily engaged in the retail sale
of food and drinks for on-premises or immediate consumption, or as
otherwise defined in 14 CCR Section 18982(a)(64).
means a visual inspection of containers along a waste hauler's
route for the purpose of determining container contamination and may
include mechanical inspection methods such as the use of cameras,
or as otherwise defined in 14 CCR Section 18982(a)(65).
means Senate Bill 1383 (Chapter 395, Statutes of 2016).
means to act as a self-hauler.
means a person, who hauls solid waste, organic waste, or
recyclable material they have generated to another person. Self-hauler
also includes a landscaper, or a person who back-hauls waste. Back-haul
means generating and transporting recyclable materials or organic
waste to a destination owned and operated by the generator using the
generator's own employees and equipment, or as otherwise defined in
14 CCR Section 18982(a)(66)(A).
means all discarded putrescible and non-putrescible solid, semi-solid, and liquid wastes, including refuse, construction and demolition debris, bulky items, recyclable materials, and organic waste, or any combination there-of which are permitted to be disposed of in a Class III landfill, and which are included in the definition of "non-hazardous solid waste" set forth in the California Code of Regulations. "Solid waste" means all solid wastes generated by residential, commercial, and industrial sources, and all solid waste generated at construction and demolition sites, and at treatment works for water and wastewater, which are collected and transported under the authorization of the city or are self-hauled by businesses or contractors. Solid waste does not include agricultural crop residues, mining waste and fuel extraction waste, forestry wastes, ash from industrial boilers, furnaces and incinerators or hazardous material, any waste which is not permitted to be disposed of at a Class III landfill and which fall within the definition of "nonhazardous solid waste" set forth in Title 23, Chapter 15, Section 2523(a) of the California Code of Regulations as amended or designated Class II wastes. Materials shall be deemed "solid waste" consistent with the meaning of California Public Resources Code Section 40191, and for purposes of this municipal code shall be regulated as such, whether or not they may be potentially recyclable materials or organic materials, in either of the following instances: (1) the material is mixed or commingled with other types of solid waste such that more than sixty-five percent of the material consists of solid waste rather than recyclable materials or organic materials; or (2) the payment of a fee, charge, or other consideration, in any form or amount, is directly or indirectly solicited or received from the generator by any person or combination of persons in exchange for collection, removal, transportation, storage, processing, handling, consulting, container rental or disposal services ("fee for service" recycling), whether or not arranged by or through a subcontractor, broker, agent, consultant, or affiliate of the provider of such service.
shall be used for the purpose of storage and collection of
solid waste.
means materials, including commingled recyclable materials
and organic 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, responsible party, or responsible party's employee,
into different containers for the purpose of collection such that
source-separated materials are separated from other solid waste for
the purposes of collection and processing.
means the state of California.
means a full-line, self-service retail store with gross annual
sales of two million dollars, 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).
means the assessment roll upon which general taxes of the
city are collected by the county.
means the collection of discarded material fees from single-family
residential complexes, and any associated penalties and interest,
on tax roll.
means a collection system in which generators are required
to source separate discarded materials into three streams: solid waste,
source separated recyclable materials and source separated organic
materials for placement in containers specifically designated for
those materials.
means a commercial edible food generator that is one or more
of the following:
means a commercial edible food generator that is one or more
of the following:
Restaurant with two hundred fifty or more seats, or a total
facility size equal to or greater than five thousand square feet;
Hotel with an on-site food facility and two hundred or more
rooms;
Health facility with an on-site food facility and one hundred
or more beds;
Large venue;
Large event; or
A state agency with a cafeteria with two hundred fifty or more
seats or total cafeteria facility size equal to or greater than five
thousand square feet.
means a commercial business that may apply for a waiver under
Section 10.10.120. Under these circumstances, the city manager or
their designee may issue special written permits (waivers) authorizing
variations from the provisions of this chapter. Special written permits
include de minimis waivers and physical space waivers.
means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables)
is received, shipped, stored, prepared for distribution to a retailer,
warehouse, distributor, or other destination, or as otherwise defined
in 14 CCR Section 189852(a)(76).
means leaves, grass clippings, brush, branches, and other
forms of organic materials generated from landscapes or gardens, which
have been source separated from other solid waste. Yard waste is a
subset of organic materials and excludes hazardous materials.
(Ord. 84 § 1, 1975; Ord. 1284 § 1, 2015; Ord. 1374 § 1, 2022)
Every person in charge of a residence or residences, whether
single-family or multifamily, shall make arrangements with the person
authorized by law, to have removed, not less than once a week, from
the property upon which the residence or residences are located, all
discarded materials created or produced or brought upon the premises.
Every person in charge of a commercial or industrial building shall
not less than twice a week cause to be removed from the property upon
which the building is located all discarded materials created or produced
or brought upon the premises; provided, however, that upon written
approval of the health officer, discarded materials created, produced
or brought upon the premises of an industrial or commercial building
may be removed not less than once a week. This latter provision, however,
will not apply to food handling establishments from which discarded
materials shall be caused to be removed not less than twice a week.
Those food handling establishments having a self-contained compactor
may, with the written approval of the supervising sanitarian, department
of health, have their discarded materials removed once a week. This
approval will be on a case-by-case basis.
(Ord. 84 § 2, 1975; Ord. 446 § 1, 1986; Ord. 1374 § 1, 2022)
Every person in charge of a residence, commercial or industrial
business shall deposit or cause to be deposited all discarded materials
in standard containers or commercial containers as approved by the
health officer and the solid waste supervisor. containers shall align
with specifications in the franchise agreement with the franchise
waste hauler. No later than January 1, 2036, all containers will comply
with the discarded material container color scheme as determined in
Section 1898.4.1 of SB 1383; solid waste containers will be gray or
black, recyclable materials containers will be blue, and organic waste
containers will be green. solid waste shall be collected and stored
as specified in the agreement with franchise waste hauler. No person
shall maintain or place for collection any container not in conformance
with the standard container designated in this section and no person
authorized to collect discarded materials shall remove contents of
containers not in conformance with the standard container. No container
shall be placed adjacent to a street or public right-of-way for collection
service more than twelve hours prior to the normal collection time
and shall be removed from the street or right-of-way location within
twelve hours after collection.
(Ord. 84 § 3, 1975; Ord. 1374 § 1, 2022)
Every person in charge of a residence shall, upon completion of the normal collection, as defined in Section 8.16.010, store containers in such a manner as not to be viewable by the public from a public right-of-way in order to maintain the aesthetic and property values of surrounding property.
(Ord. 360 § 1, 1984; Ord. 1374 § 1, 2022)
It is unlawful for any person other than the person in charge
of a residence, commercial or industrial business, or the person authorized
by law to remove any container from the location where the container
was placed by the person in charge for storage or collection, or to
remove any discarded materials from the location in which the discarded
materials were placed by the person in charge for storage or collection,
without prior written approval of the person in charge. It is unlawful
to place solid waste, including recyclable materials and organic materials,
in any standard container without prior written approval of the person
in charge of the container.
(Ord. 84 § 4, 1975; Ord. 1374 § 1, 2022)
No person shall place noncompactible solid waste adjacent to
a street or public right-of-way for collection or removal purposes
without prior approval and arrangements with the franchise waste hauler.
(Ord. 84 § 5, 1975; Ord. 1374 § 1, 2022)
No person or resident of the city shall remove, transport, or
convey any solid waste upon or along any street, alley, or place within
the city, unless they hold a franchise agreement or other contract
with the city for the collection and disposal thereof or are a permitted
self-hauler or landscaper and gardener as set forth below.
Every permitted self-hauler shall either:
A.
Source
separate all recyclable materials and organic materials (materials
that city otherwise collects in their organic materials and recyclable
materials collection services) generated on site from solid waste
in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, and
transport solid waste to permitted transfer or disposal facility;
haul their source separated recyclable materials to a facility that
recovers those materials; and, haul their source separated organic
waste to a facility, operation, activity, or property that processes
or recovers source separated organic waste.
B.
Alternatively,
self-haulers may haul discarded materials to a city-approved high
diversion organic waste processing facility. Self-haulers that are
responsible parties of commercial businesses or multifamily premises
shall keep records of the quantity of recyclable materials, organic
waste, and solid waste delivered to each facility, operation, activity,
or property that processes or recovers recyclable materials and organic
waste and processes or disposes of solid waste or shall keep records
of solid waste delivered to high diversion organic waste processing
facilities. Self-haulers shall retain all records and data required
to be maintained by this section for no less than five years after
the recyclable materials, organic materials, and/or solid waste recorded
was first delivered to the entity accepting the material. These records
shall be subject to inspection by the city or its designee. The records
shall include the following information:
1.
Delivery
receipts and weight tickets from the entity accepting the recyclable
materials, organic materials, and solid waste.
2.
The
amount of material in cubic yards or tons transported by the generator
to each entity.
3.
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
recyclable materials, organic materials, and solid waste. Records
shall include the name, address, city, state, zip code, phone number,
and email of the entity.
C.
The
city manager may require self-haulers to obtain a self-hauler permit.
The city council may impose and modify fees for such permit by resolution.
The city manager shall adopt and implement administrative policies
regarding the application, issuance, and a self-hauler may be required
to obtain a self-hauler permit in accordance with the city's administrative
policies as adopted by the city manager, including, but not limited
to, fees and the requirement to provide additional information).
D.
Only
commercial businesses or multifamily premises may be permitted to
self-haul. All self-haulers shall provide copies of records required
by this section to city if requested by the city manager or their
designee and shall provide the records at the frequency requested
by the city manager or their designee.
E.
Where
yard waste diversion is incidental to landscaping contracts between
commercial business and their gardening or landscaping service providers:
1.
A
commercial business contracting for gardening or landscaping services
shall require written contracts which contain the following provisions:
a.
All yard waste generated at the premises by the landscaping or gardening
service shall be diverted from disposal by one or more of the methods
in this section.
b.
A requirement that the landscaper, gardener, or any third party(ies) certify in writing that the requirements set forth in subsection E of this section are being met.
c.
A requirement that the landscaper, gardener, or any third party(ies)
annually certify in writing that it is compliant with this section
by completing and submitting to city a city-provided reporting form.
d.
Upon request of a commercial business, the landscaper, gardener,
or any third party(ies), are required to provide copies of weight
tickets from the permitted processing facility(ies) where the yard
waste from premises within city were delivered by the landscaper or
gardener.
F.
Upon
city request, beginning January 1, 2022, commercial businesses that
contract with a landscaping or gardening service provider shall complete
and submit a compliance reporting form as provided by the city with
the following items attached:
1.
Copies of landscaper, gardener, or any other third party(ies) certification(s) that certify that the requirements set forth in subsections E of this section were met during the preceding twelve months.
Upon request by the city, a commercial business contracting
for gardening or landscaping services shall provide copies of the
contracts, receipts, and/or weight tickets from the permitted processing
facility(ies) to the city within thirty calendar days of service of
the city's request for such documents.
(Ord. 84 § 6, 1975; Ord. 717 § 1, 1993; Ord. 1374 § 1, 2022)
In accordance with any franchise agreement with the city:
A.
The
franchise waste hauler shall provide sufficient collection equipment
to maintain a regular schedule of collection.
B.
Trucks
used for the collection or transportation of discarded materials shall
be leak-proof and equipped with a close-fitting cover which shall
be affixed in a manner that will prevent spilling, dropping, or blowing
away of any discarded materials upon the public right-of-way during
collection or transportation.
C.
All
trucks used for collection or transportation of discarded materials
shall be maintained in a clean and sanitary condition, neatly and
uniformly painted, and shall carry a shovel, broom, and fire extinguisher
of such reasonable type, size, and condition as to be commercially
reasonable for the provision of collection services.
D.
The
person that owns any trucks used for collection or transportation
of discarded materials shall have their name, address, telephone number,
and truck number printed on each side of all trucks in letters not
less than three inches high and of such a color as to be legible against
the color of the surface on which they are printed.
E.
All
collection trucks, tanks, containers, and other receptacles used to
transport discarded materials shall be cleaned and disinfected both
on the inside and outside thereof at least once daily, and at all
times shall be kept free from any solid waste on the outside thereof.
F.
The
franchise waste hauler shall maintain in good repair all containers
furnished to any person.
(Ord. 84 § 7, 1975; Ord. 1374 § 1, 2022)
Every person who collects or hauls hazardous or extremely hazardous
waste shall immediately notify the health officer, in writing, listing
the following information:
A.
The
name, address, and telephone number of the collector or hauler.
B.
The
name, address, and telephone number of the facilities from which the
hazardous or extremely hazardous waste is collected.
C.
A description
of the type of hazardous or extremely hazardous waste collected, as
represented in writing by the administrator of the facility including
the amounts collected measured in cubic feet and the frequency of
collection.
D.
The
name, address, and telephone number of the waste disposal facility
that is used for the final disposal of the hazardous or extremely
hazardous waste.
(Ord. 84 § 8, 1975; Ord. 1374 § 1, 2022)
It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Responsible parties who are the owner, tenant, lessee, or person in control of premises in the city, and who, after written notice of violation from the city, fails or refuses to correct such violation of this chapter within the time specified in such written notice is deemed to have committed an infraction or a misdemeanor in accordance with Chapter 1.12 of this code.
(Ord. 404 § 3, 1984; Ord. 1374 § 1, 2022)
A.
The
fire department and the public works department are authorized to
clean up or abate the effects of any hazardous material deposited
upon or into property or facilities of the city; and any person or
persons who intentionally or negligently cause such deposit shall
be liable for the payment of all costs incurred by the fire department
and/or the public works department as a result of such clean-up or
abatement activity. The remedy provided in this section shall be in
addition to any other remedies provided by law.
B.
For
purposes of this section, costs incurred by the fire department and/or
the public works department shall include, but shall not necessarily
be limited to, the following: actual labor costs of city personnel,
including workers' compensation benefits, fringe benefits, and administrative
overhead; cost of equipment operation; cost of materials obtained
directly by the city; and cost of any contract labor and materials.
C.
The
authority to recover costs under this section shall not include actual
fire suppression services which are normally or usually provided by
the fire department.
(Ord. 457 § 1, 1986; Ord. 1374 § 1, 2022)
Exclusive Franchise. The city has an exclusive franchise agreement with the franchise waste hauler for the collection and handling of discarded materials within the city. All generators within the city are required to subscribe to the franchise waste hauler's provided program for the collection and handling of discarded materials, unless explicitly exempted by the city through a waiver as defined in Section 8.19.090.
A.
Record
Owner. Effective July 1, 2015, all collection service accounts for
single-family residential premises shall be established and held in
the legal record owner's name. The record owner shall be responsible
for the payment of collection service fees for their parcel.
B.
Franchise
Waste Hauler Service Fees. The city may use tax roll billing to collect
the collection service fees imposed on the parcel of the record owner
of a single-family residential premises.
C.
Franchise
Waste Hauler Service Fees When Due. Collection service fees imposed
on single-family residences or dwellings pursuant to this chapter
shall be deemed delinquent if not paid within sixty days of the date
they are due to be paid to the county. All other collection service
fees shall be deemed delinquent if not paid within thirty days following
the billing statement date.
D.
Penalty.
A penalty in an amount not to exceed ten percent of the collection
service fees which are delinquent shall be imposed upon the record
owner or the generator holding the service account with the city of
a parcel as to which collection service fees are delinquent, if not
paid in the time and manner prescribed, and in addition may provide
for a penalty not to exceed one and one-half percent per month for
nonpayment of the collection service fees and basic penalty.
E.
Remedies.
Any remedies for the collection and enforcement of collection service
fees, rates, or other charges are cumulative, and the city may pursue
remedies alternatively or consecutively or authorize the county to
undertake action(s).
F.
Exception—New
Developments. These requirements shall not apply to any residential
premises that are part of new developments (i.e. new construction)
until such time as one or more of the newly-constructed residential
dwelling units are first occupied.
G.
Temporary
Suspension of Service. The record owner of a single-family residential
property may suspend service for a total of four months, split into
either one request for a total of four consecutive months or two requests
with each request being a maximum of two consecutive months during
which generators are not residing at the residential premises. Any
person seeking to avail themselves of the exception provided herein
shall bear the burden of providing reasonable evidence to the city
or its authorized representative, pursuant to such regulations or
guidelines as the city manager is hereby authorized to develop, demonstrating
that the premises was or will be vacant for the period in question.
At such time as the property is reoccupied, a restart fee will apply
in addition to any discarded material service fees per the city's
franchise agreement with the franchise waste hauler. The re-start
fee only applies when service has been suspended and re-started at
the same location by the same record owner, and does not apply to
a new property owner establishing service at a new address.
(Ord. 1284 § 1, 2015; Ord. 1374 § 1, 2022)
