The purpose of this chapter is to regulate the storage, collection,
processing, and disposal of solid waste, recyclable material and organic
material in the city. The ordinance codified in this chapter is adopted
pursuant to the authority contained in general statutes governing
powers of municipalities and various federal and state statutes specifically
regulating solid waste, recyclable materials, and organic material.
(Ord. 1094 § 1, 2005; Ord. 1374 § 1, 2022)
Words and phrases defined in Chapter
8.16 of this municipal code shall have the same meanings when used in this chapter.
(Ord. 1094 § 1, 2005; Ord. 1374 § 1, 2022)
A. The
franchise waste hauler shall provide for collection, processing, and
disposal of discarded materials, in a three-container system, including
solid waste, recyclable material, and organic material collection
service when placed for collection pursuant to this chapter.
B. Compliance
with the requirements of this chapter is necessary to procure the
collection and removal of all solid waste, recyclable material, and
organic material from residential and commercial generators, and such
compliance shall be a defense to any prosecution for failure to remove
or dispose thereof.
(Ord. 1094 § 1, 2005; Ord. 1374 § 1, 2022)
A. Every
person having charge or control of residential or commercial premises
in the city where discarded material accumulates shall source separate
and keep the solid waste, recyclable material, and organic material
in the designated containers obtained exclusively through the franchise
waste hauler for use in the franchise waste hauler's collection program.
Containers assigned by or obtained from the franchise waste hauler
shall remain at all times property of the franchise waste hauler.
At no time and under no circumstances shall the container(s) be removed
from the property to which it was assigned. Ordinary wear and tear
to containers will be repaired and maintained by the franchise waste
hauler at no additional cost; damage caused by generator abuse or
negligence shall be charged to the generator, or as otherwise provided
in the franchise agreement.
B. Persons
served by the collection program shall only use the approved containers
to be obtained exclusively through the franchise waste hauler. No
other containers are allowed.
C. The
franchise waste hauler shall replace existing containers with containers
that meet state mandated color requirements, pursuant to 14
CCR Section
18984.9(b), if not already compliant, at the end of the useful life
of those containers, or prior to January 1, 2036, whichever occurs
first.
D. Solid
waste containers shall be gray or black.
1. Recyclable
material containers shall be blue.
2. Organic
material containers shall be green.
3. If
applicable, source separated food waste containers shall be brown.
(Ord. 1094 § 1, 2005; Ord. 1374 § 1, 2022)
A. Containers
shall be placed at or as near to the curb or edge of road as possible,
so as to be accessible to collection crews. Placement must be such
that there is no interference with collection (e.g., too close to
vehicles, other refuse containers, poles, fences, mailboxes, and other
obstacles). containers must be placed at the designated pickup area
by five-thirty a.m. on the scheduled day of collection. No container
shall be placed curbside or adjacent to a street more than twelve
hours prior to the normal collection time and shall be removed from
curb or street location within twelve hours after collection.
B. Toxic
or hazardous materials, dead animals, building materials, large yard
waste, and bulky items such as household furnishings or appliances
are prohibited from being placed in containers.
C. Use
of paper or plastic bags for solid waste disposal is allowed. Bags
are to be used in accordance with the franchise waste hauler's franchise
agreement with the city.
D. Exceptions
to proper container placement due to terrain, disabilities, complexes
with centralized disposal setups (e.g., apartments and condos with
four or more units, two-story residential units) may be considered
when such conditions exist that prevent automated service. Exemptions
shall be made on a case-by-case basis by the city.
(Ord. 1094 § 1, 2005; Ord. 1374 § 1, 2022)
Responsible parties of single-family premises shall comply with
the following requirements:
A. Subscribe to and pay for the franchise waste hauler's three-container system collection services for weekly collection of recyclable materials, organic materials, and solid waste generated by the single-family premises and comply with requirements of those services as described below in subsection
B of this section. The city shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper source separation of materials and containment of materials. The responsible parties for single-family premises shall adjust their service level for the collection services as requested by the city. The responsible parties for single-family premises shall participate in the franchise waste hauler's discarded materials collection service(s) by placing source separated discarded materials in their appropriate containers.
B. Participate
in the franchise waste hauler's three-container system service(s)
(recyclable materials container, organic materials container, and
solid waste container) in the manner described below.
C. Place
and/or direct its generators to place source separated organic materials,
including food waste, in the organic materials container; source separated
recyclable materials in the recyclable materials container; and solid
waste in the solid waste container.
1. Refrain
from placing and/or directing its generators to place Prohibited container
Contaminants in collection containers, and shall not place materials
designated for the organic materials container or recyclable materials
container in the solid waste container.
2. City
manager, or their designee, shall have the right to review the number
and size of a generator's containers to evaluate adequacy of capacity
provided for each type of collection service, and for proper source
separation and containment of discarded materials.
D. If approved
or directed by city, the franchise waste hauler shall have the right
to assess a contamination processing fee and/or a contamination penalty
when prohibited container contaminants is/are found in any containers.
E. Nothing
in this section prohibits a responsible party or generator of a single-family
premises from preventing or reducing discarded materials generation,
managing organic waste on site, and/or using a community composting
site pursuant to 14
CCR Section 18984.9(c).
F. It shall
be the duty of every person occupying a residential dwelling within
the city to keep the premises in their control in a "sanitary condition,"
which is hereby defined to mean that all parts thereof are free and
clean of any accumulation of discarded materials.
(Ord. 1094 § 1, 2005; Ord. 1374 § 1, 2022)
Responsible parties of multifamily premises (except responsible parties of multifamily premises that meet the self-hauler requirements in Section
8.16.060 of this title) shall:
A. Subscribe
to the franchise waste hauler's three-or three-plus-container system
for all discarded materials generated. The city manager or their designee
shall have the right to review the number and size of a generator's
containers and frequency of collection to evaluate adequacy of capacity
provided for each type of collection service; and multifamily premises
shall adjust their service level for their collection services as
requested by the city, if the city determines that inappropriate level
of service results in generators' noncompliance with this section.
B. Except multifamily premises that meet the self-hauler requirements in Section
8.16.060 of this title, participate in the three-or three-plus container system, dependent on the available program offered by the franchise waste hauler, for at least weekly collection of recyclable materials, organic materials, and solid waste in the manner described below.
1. Shall
subscribe to the three-or three-plus container collection service
(recyclable materials container, organic materials container, and
solid waste container, and if applicable, source separated food waste
container)
a. Three-Container. Place and/or direct its generators to place source
separated organic materials, including food waste, in the organic
materials container; source separated recyclable materials in the
recyclable materials container; and solid waste in the solid waste
container.
b. Three-Plus Container. Place and/or direct its generators to place
source separated organic materials, except food waste, in the organic
materials container; source separated food waste in the source separated
food waste container; source separated recyclable materials in the
recyclable materials container; and solid waste in the solid waste
container.
2. Shall
not place or direct its generators place prohibited container contaminants
in collection containers, and shall not place organic materials or
recyclable materials in the solid waste container.
3. If
approved or directed by the city, the franchise waste hauler shall
have the right to assess a contamination processing fee and/or a contamination
penalty when prohibited container contaminants are found in any containers.
C. Participate
in the franchise waste hauler's discarded materials collection service(s)
by source separated discarded materials into their respective containers.
D. Supply
and allow access to adequate number, size, and location of collection
containers for employees, contractors, tenants, and customers, consistent
with the city's approved container collection service.
E. Annually
provide to employees, contractors, tenants, and generators educational
information about organic waste recovery requirements and about proper
sorting of source separated organic material, source separated recyclable
materials, and source separated food waste into their respective containers.
F. The
responsible party of a multifamily premises shall provide educational
information to new tenants before or within fourteen days of their
inhabitation of the multifamily dwelling unit. Educational information
will describe requirements to keep source separated organic material
and source separated recyclable materials separate from solid waste
and the location of containers and the rules governing their use at
each property.
G. Provide or arrange access for city or its designee to their properties during all inspections conducted in accordance with Section
8.19.120 to confirm compliance with the requirements of this chapter.
H. Nothing
in this section prohibits a generator from preventing or reducing
organic waste generation, managing organic material on site, or using
a community composting site pursuant to 14
CCR Section 18984.9(c).
I. It shall
be the duty of every person in possession, charge, or control of any
multifamily premises within the city to keep the premises in their
control in a "sanitary condition," which is hereby defined to mean
that all parts thereof are free and clean of any accumulation of discarded
material outside of a lawful container.
J. Multifamily
premises that generate two cubic yards or more of total solid waste,
recyclable materials, or organic materials per week (or other threshold
defined by the state) that arrange for gardening or landscaping services
shall require that the contract or work agreement between the owner,
occupant, or operator of a multifamily premises and a gardening or
landscaping service specifies that the designated organic materials
generated by those services be managed in compliance with this chapter.
K. If the responsible party of a multifamily premises wants to self-haul, they must meet the self-hauler requirements of Section
8.16.060 of this title.
(Ord. 1374 § 1, 2022)
Responsible parties of commercial businesses (which does not
include multifamily premises) shall:
A. Subscribe
to the franchise waste hauler's three-container system for all discarded
materials generated. The city or its designee shall have the right
to review the number and size of a generator's containers and frequency
of collection to evaluate adequacy of capacity provided for each type
of collection service; and commercial businesses shall adjust their
service level for their collection services as requested by the city.
B. Participate
in the franchise waste hauler's discarded materials collection service(s)
by placing source separated discarded materials into their respective
containers.
C. Supply
and allow access to adequate number, size, and location of collection
containers with sufficient labels or colors (conforming with subsections
(E)(1) and (E)(2) below) for employees, contractors, Tenants, and
generators, consistent with city's discarded materials collection
service.
D. Except commercial businesses that meet the self-hauler requirements of Section
8.16.060 of this title, participate in the city's three-or three-plus container system, dependent on which program is currently available by franchise waste hauler, for at least weekly collection of recyclable materials, organic materials, and solid waste in the manner described below:
1. Shall
subscribe to the three-or three-plus container collection service.
a. Three-Container. Place and/or direct its generators to place source
separated organic materials, including food waste, in the organic
materials container; source separated recyclable materials in the
recyclable materials container; and solid waste in the solid waste
container.
b. Three-Plus Container. Place and/or direct its generators to place
source separated organic materials, except food waste, in the organic
materials container; source separated food waste in the source separated
food waste container, source separated recyclable materials in the
recyclable materials container; and solid waste in the solid waste
container.
2. Shall
not place or direct its generators place prohibited container contaminants
in collection containers, and shall not place organic materials or
recyclable materials in the solid waste container.
3. If
approved or directed by the city, the franchise waste hauler shall
have the right to assess a contamination processing fee and/or a contamination
penalty when prohibited container contaminants are found in any container.
E. Provide
containers for the collection of discarded materials in all indoor
and outdoor areas where containers are provided for generators for
all discarded materials generated by that business. Such containers
do not need to be provided in restrooms. If a commercial business
does not generate any of the materials that would be collected in
any one type of container, then that business does not have to provide
that particular container in all areas where disposal containers are
provided for generators. Pursuant to 14
CCR Section 18984.9(b), the
containers provided by the business shall have either:
1. A body or lid that conforms with the container colors provided through the collection service provided by city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements as detailed in Section
8.19.040. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
2. Container
labels that include language or graphic images, or both indicating
the primary material accepted and the primary materials prohibited
in that container, or containers with imprinted text or graphic images
that indicate the primary materials accepted and primary materials
prohibited in the container. Pursuant 14
CCR Section 18984.8, the
container labeling requirements are required on new containers commencing
January 1, 2022.
F. Prohibit
employees from placing materials in a container not designated for
those materials to the extent practical through education, training,
inspection, and/or other measures.
G. Annually
inspect recyclable material, organic material, and solid waste containers
for contamination and inform employees if containers are contaminated
and of the requirements to keep contaminants out of those containers
pursuant to 14
CCR Section 18984.9(b)(3).
H. Annually
provide information to employees, contractors, tenants, and generators
about organic material recovery requirements and about proper sorting
of source separated organic material and source separated recyclable
materials into their respective containers.
I. Provide
educational information before or within fourteen days of occupation
of the premises to new tenants that describes requirements to keep
source separated organic material and source separated recyclable
materials separate from solid waste and the location of containers
and the rules governing their use on the premise.
J. Provide or arrange access for the city or its designee to their properties during all inspections conducted in accordance with Section
8.19.120 to confirm compliance with the requirements of this chapter.
K. Meet the self-hauler requirements in Section
8.16.060 if a commercial business wants to self-haul.
L. Not
prohibit a generator from preventing or reducing organic waste generation,
managing organic material on site, or using a community composting
site pursuant to 14
CCR Section 18984.9(c).
M. It is
the duty of every person in possession, charge, or control of any
boarding home, restaurant, hotel, apartment, commercial occupancy,
industrial occupancy, eating house, or vacant lot within the city
to keep the premises in their control in a "sanitary condition," which
is hereby defined to mean that all parts thereof are free and clean
of any accumulation of discarded material outside of a lawful container.
N. If approved
or directed by city, the franchise waste hauler shall have the right
to assess a contamination processing fee and/or a contamination penalty
when prohibited container contaminants are found in any of the discarded
material containers.
O. If a commercial business is a tier one or tier two commercial edible food generators, with food recovery requirements pursuant to Section
8.19.100.
(Ord. 1374 § 1, 2022)
Commercial businesses, including multifamily premises, may apply
for waivers where practical difficulties make it impossible or extremely
difficult to carry out the strict letter of this chapter with respect
to any particular premises. Under these circumstances, the city manager
or their designee may issue special written permits (waivers) authorizing
variations from the provisions of this chapter, subject to such terms
and conditions as may deemed necessary to protect the public health
and safety of the city. Special written permits only include de minimis
waivers and physical space waivers, as described below.
A. De Minimis
Waivers. The city may waive a commercial business's obligation (including
multifamily premises' obligations) to comply with some or all of the
organic material requirements of this chapter if the commercial business
provides documentation, or if the city has enough evidence demonstrating,
that the business generates below a certain amount of organic material
as described in this chapter. If the city has sufficient evidence
demonstrating that a commercial business generates below a certain
amount of organic waste as described in subsection (A)(2) below, it
may verify that the commercial business's organic waste generation
complies with the threshold without the receipt of a waiver application
as described in subsection (A)(1). As part of the organic waste generation
verification process, the city shall request documentation from the
commercial business as described 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 below.
2. Provide
documentation that either:
a. The commercial business's total collection of discarded materials
is two cubic yards or more per week and recyclable materials and organic
materials subject to collection in recyclable materials container(s)
or organic materials container(s) comprises less than twenty gallons
per week per applicable container of the commercial business's total
waste (i.e., recyclable materials in the recyclable materials stream
are less than twenty gallons per week or organic materials in the
organic materials stream are less than twenty gallons per week); or
b. The commercial business's total collection of discarded materials
is less than two cubic yards per week and recyclable materials and
organic materials subject to collection in a recyclable materials
container(s) or organic materials container(s) comprises less than
ten gallons per week per applicable container of the business's total
waste (i.e., recyclable materials in the recyclable materials stream
are less than ten gallons per week or organic materials in the organic
materials stream are less than ten gallons per week).
c. For the purposes of subsections
(2)(a) and
(b) above, total collection of discarded materials shall be the sum of weekly container capacity measured in cubic yards for solid waste, recyclable materials, and organic materials collection service excluding discarded materials managed on-site, such as on-site composters and self-hauled discarded materials in accordance with Section
8.16.060.
3. Notify
city if circumstances change such that commercial business's organic
material 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, when there is a change in business or tenant, or when a conditional
use permit is issued, whichever is sooner, if city has approved the
de minimis waiver.
B. Physical
Space Waivers. The city may waive a commercial business's or property
owner's obligations to comply with some or all of the organic material
collection service requirements if the city has evidence from its
own staff, the franchise waste hauler, a licensed architect, or a
licensed engineer that the premises lacks adequate space for compliance
with the organic material collection requirements below. A physical
space waiver may also be requested if a commercial business or property
owner documents that the premises lacks adequate space for organic
material container and recyclable material containers.
The responsible party of a commercial business 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 recyclable
material containers and/or organic material containers including documentation
from its franchise waste hauler, licensed architect, or licensed engineer.
3. Provide
written verification to city that it is still eligible for physical
space waiver every five years or when a conditional use permit is
issued, whichever is sooner, if city has approved application for
a physical space waiver.
C. Review
and Approval of Waivers by City. Commercial businesses or property
owners shall:
1. Apply
to city for a de minimis or physical space waiver if one is required
or desired. Waivers are valid for five years.
2. Any waiver holder must cooperate with the city, its designee, and/or the franchise waste hauler for compliance inspections and enforcement as stated in Section
8.19.120.
3. Waiver
holder must reapply to the city manager or their designee for a waiver
upon the expiration of the waiver period, and shall submit any required
documentation and/or fees/payments as required by the city. Failure
to submit a completed application shall equate to an automatic denial
of said application.
4. City
manager or their designee may revoke a waiver upon a determination
that any of the circumstances justifying a waiver are no longer applicable.
(Ord. 1374 § 1, 2022)
Tier one commercial edible food generators must comply with
the requirements of this chapter commencing January 1, 2022, And tier
two commercial edible food generators must comply commencing January
1, 2024, pursuant to 14
CCR Section 18991.3 or as specified in other
applicable law.
A. Commercial
edible food generators shall comply with the following requirements:
1. Arrange
to recover the maximum amount of edible food that would otherwise
be collected as organic waste
2. Contract
or enter into a written agreement with food recovery organizations
and/or food recovery services either for:
a. The collection of edible food for food recovery.
b. Acceptance of the edible food that the commercial edible food generator
self-hauls to the food recovery organization or food recovery service
for food recovery.
c. Shall not intentionally spoil edible food capable of being recovered
by a food recovery organization or food recovery service.
3. Keep
records that include the following information, or as otherwise specified
in 14
CCR Section 18991.4:
a. A list of each food recovery service or organization that collects
or receives its edible food pursuant to a contract or written agreement
established under 14
CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14
CCR Section 18991.3(b).
c. A record of the following information for each of those food recovery
services or food recovery organizations:
i. The name, address, and contact information of the food recovery service
or food recovery organization.
ii. The types of edible food that will be collected by or self-hauled
to the food recovery service or food recovery organization.
iii. The established frequency that edible food will be collected or self-hauled.
iv. The quantity of edible food, measured in pounds recovered per month,
collected or self-hauled to a food recovery service or food recovery
organization for food recovery.
B. Large
venues or large event operators not providing food service, but allowing
for food to be provided by others, shall require food facilities operating
at the large venue or large event to comply with the requirements
of this section, commencing January 1, 2024.
Nothing in this section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act or requirements contained in food share donation regulations for schools pursuant to Senate Bill 557 of 2017 (approved by the Governor of the state of California on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title
2 of the
Education Code, and to amend Section 114079 of the
Health and Safety Code, relating to food safety, as amended, supplemented, superseded, and replaced from time to time).
(Ord. 1374 § 1, 2022)
Pursuant to 14
CCR Section 18995.4(a)(1) the city shall begin issuing citations for enforcement of this Chapter
8.19 on or before January 1, 2024. If the city determines that a generator, responsible party, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this Chapter
8.19, it shall document the noncompliance or violation and, with the exception of violations of the prohibited container contaminants provisions of this Municipal Code, take enforcement action, including, but not limited to, the issuance of administrative citations and fines, pursuant to Titles
1 and
8 of this code. This chapter shall only apply to non-local entities to the extent permitted by applicable law.
(Ord. 1374 § 1, 2022)