This chapter is known as the Solid Waste, Recyclables, and Organic
Waste Collection Services Ordinance of the City of West Hollywood.
(Prior code § 5700; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)
The City Council hereby finds and determines that the storage,
accumulation, collection, processing, and disposal of solid waste,
recyclables, and organic waste is a matter of great public concern,
in that the improper control of such matters may create a public nuisance,
or lead to air pollution, fire hazards, insect breeding, rat infestations
and other problems affecting the health, welfare and safety of residents
of this city and surrounding cities. The City Council further finds
that because of the city's urban environment characterized by extremely
high density and a high concentration of high-rise building and narrow
streets, multiple solid waste collectors cause traffic jams by blocking
streets and intersections, and creating gridlock and chaos. The uncoordinated
scheduling and absence of uniform standards contributes to excessive
noise, confusion and conflict. The collection of solid waste, recyclables,
and organic waste from all residences, commercial and industrial properties
within the city by regulated collectors by one or more contracts or
franchises by the city for collection will provide the most orderly
and efficient solution to such problems and promote the public health,
safety and welfare.
(Prior code § 5701; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)
For the purposes of this title, the following words and phrases
shall have the meanings respectfully ascribed to them, unless it shall
appear from the context that they have a different meaning. Words
and phrases not defined or ascribed a meaning by this title shall
have the meaning ascribed by Division 30, Part 1, Chapter 2 of the
Public Resources Code, Sections 40105-40201, and the regulations of
the California Department of Resources Recycling and Recovery.
means Assembly Bill 1826 (Chapter 727, Statutes of 2014),
requires commercial businesses that generate a specified amount of
waste per week to arrange for organic waste recycling services, and
for jurisdictions to implement a recycling program to divert organic
waste from businesses subject to the law, as well as report to CalRecycle
on their progress in implementing an organic waste recycling program.
means AB 341 (Chapter 476, Statutes of 2011), which sets
forth the requirements of the statewide mandatory commercial recycling
program.
means the California Integrated Waste Management Act of 1989,
as it may be amended in Public Resources Code Section 40000 et seq. and the implementing regulations of CalRecycle.
means the process of compacting by pressure resulting in
a homogenous mass bound together by straps or wire.
includes, but are not limited to, solid waste containers
with capacity of at least one cubic yard and roll-off type service
containers.
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
waste.
means the percentage of C&D debris for each project that
must be diverted from landfills.
means a residential or commercial entity that produces C&D
debris.
means California's Department of Resources Recycling and
Recovery, which is the department designated with responsibility for
developing, implementing, and enforcing SB 1383 regulations.
means the State of California Code of Regulations. CCR references
are preceded with a number that refers to the relevant title of the
CCR (e.g., "14 CCR" refers to Title 14 of CCR.
means the City of West Hollywood and all of the territory
lying within the municipal boundaries of the city as presently existing,
including all federal facilities and all geographic areas which may
be added or annexed to the city.
means the City Clerk of the City of West Hollywood, or his
or her designee.
means an individual having the title in the employ of the
City of West Hollywood or the City Manager's authorized designee.
means the act of collecting solid waste, at or near the place
of generation or accumulation.
means the vehicle utilized in the collection, transportation,
storage, transfer, or processing of solid waste, recyclables, or organic
waste.
means a solid waste collector with a written franchise, contract
or permit for the collection of solid waste, issued as set forth in
this chapter, including salvaging or salvage collecting.
means a firm, partnership, proprietorship, jointstock company,
corporation, or association, whether for-profit or nonprofit, strip
mall, industrial facility, or a multi-family residential dwelling,
or as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family
residential dwelling that consists of fewer than five units is not
a commercial business for purposes of implementing this chapter.
means any property occupied for or devoted to a use permitted
in the commercial zones pursuant to the provisions of the West Hollywood
Zoning Ordinance, or any multi-unit residential building.
means the regularly scheduled removal of solid waste from
commercial property by the city's authorized franchisee.
includes a tier one or a tier two commercial edible food
generator as defined in this chapter or as otherwise defined in 14
CCR Sections 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.
means solid waste generated by commercial units.
means a review of records by the jurisdiction to determine
compliance with this chapter.
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 a cart, bin, roll-off, compactor or similar receptacle
used to temporarily store solid waste, organics or recyclables for
collection service.
means the building of any facility or structure or any portion
thereof including any tenant improvement or renovation to an existing
facility or structure.
means bricks, stones, mortar, concrete, asphaltic concrete,
wood, or other debris including used or discarded materials removed
from premises during construction, renovation, remodeling, repair,
or demolition operations including the demolition of buildings or
structures.
means a container, regardless of color, that contains prohibited
container contaminants, as defined in 14 CCR Section 18982(a)(55).
means the regularly scheduled collection of solid waste from
bins as specified herein.
means the disseminating, razing, ruining, tearing down or
wrecking of any facility, structure, pavement or building, whether
in whole or in part, whether interior or exterior, including, but
not limited to, soft demolition such as that associated with remodeling
or the replacement of roofs.
means to use material for any lawful purpose other than disposal
in a landfill or transformation facility.
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 the SB 1383 regulations requires or authorizes
the recovery of edible food that does not meet the food safety requirements
of the California Retail Food Code.
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 consumer and business electronic equipment that is
near or at the end of its useful life, including, but not limited
to, computers, computer peripherals, telephones, answering machines,
radios, stereo equipment, tape players/recorders, phonographs, video
cassette players/recorders, compact disc players/recorders, calculators,
and some appliances. Certain components of some electronic products
contain materials that render them hazardous, depending on their condition
and density. For instance, California law currently views nonfunctioning
CRTs (cathode ray tubes) from televisions and monitors as hazardous.
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 would
present a significant risk to human health or the environment, cause
a nuisance or otherwise create or expose city, to potential liability;
but not including de minimis volumes or concentrations of waste of
a type and amount normally found in single-family or multi-family
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.
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
that otherwise would be disposed, 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 or as otherwise defined in 14 CCR Section 18982(a)(25),
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; and
A nonprofit charitable temporary food facility as defined in
Section 113842 of the Health and Safety Code.
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.
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.
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 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.
means food scraps and food-soiled paper.
means the right of a person or entity to make arrangements
for the collection and transportation of solid waste, recyclable material
and organic waste to landfills, transformation facilities, material
recovery facility, processing facilities, or other licensed solid
waste management facilities, and/or the ability to extricate recyclable
material from all solid waste including recyclable solid waste, green
waste, composting material, or organic waste.
means the holder of a franchise.
means the fee or assessment imposed by the city on a collector
because of its status as a collector.
has the same meaning as in 14 CCR Section 18982.2(a)(28)
and shall be used for the purpose of storage and collection of gray
container waste.
has the same meaning as in 14 CCR § 18982.2(a)(29)
and shall be used for the purpose of storage and collection of source
separated green container organic waste.
means leaves, grass clippings, brush, branches and other
forms of organic matter generated from landscapes and gardens and
incidental pieces of untreated and unpainted scrap lumber no longer
than twenty-four inches and containing no metal objects, separated
from other forms of solid waste. Green waste also includes holiday
trees from which all tinsel, flock, base attachments and ornaments
have been removed. Green waste does not include stumps or branches
exceeding six inches in diameter or two feet in length, palm fronds,
yucca, food waste, manure, dirt, rocks, garbage or any other form
of solid waste which are not suitable for composting.
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).
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).
means: (A) all waste defined or characterized as hazardous
waste by the Resource Conservation and Recovery Act of 1976 (42 U.S.C.
Section 6901 et seq.) in 42 U.S.C. Section 6903(5)
as amended from time to time, and all implementing regulations; (B)
all waste defined or characterized as a hazardous substance pursuant
to the provisions of the Comprehensive Environmental Response, Compensation
and Liability Act, 42 U.S.C. Section 9601 et seq.
("CERCLA" or "Superfund"), as in 42 U.S.C. Section 9601 (14), may
be amended from time to time, and all implementing regulations; and
(C) all waste defined or characterized as hazardous waste by agencies
of the State of California (including without limitations the Department
of Health Services, the Department of Toxic Substances Control and
CALRecycle) having jurisdiction over solid and hazardous waste. The
term "hazardous waste" means, in addition to any substance included
in any of the foregoing categories, those substances which are not
normally permitted to be disposed of by generally accepted, sanitary
landfill disposal methods, but which may be contained in solid waste
streams. In the event of a conflict in the definitions employed by
two or more governmental agencies having concurrent or overlapping
jurisdiction over hazardous waste, the broader, more encompassing
definition shall apply.
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 the 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.
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 article.
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 article, 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 article, 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 article.
means of, from, or pertaining to residential premises with
five or more dwelling units. Multi-family premises do not include
hotels, motels, or other transient occupancy facilities, which are
considered commercial businesses.
refers to the Model Water Efficient Landscape Ordinance (MWELO)
in 23 CCR, Division 2, Chapter 2.7.
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).
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, 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
by 14 CCR Section 18982(a).
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).
include, but are not limited to, paper janitorial supplies,
wrapping, packaging, file folders, hanging files, corrugated boxes,
tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
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).
means the following: (A) discarded materials placed in the
recycling container that are not identified as acceptable source separated
recyclable materials for the city's recycling container; (B) discarded
materials placed in the organic waste container that are not identified
as acceptable source separated organic waste for the city's organic
waste container; (C) discarded materials placed in the solid waste
container that are acceptable source separated recyclable materials
and/or source separated organic wastes to be placed in the city's
organic waste container and/or recycling container; and (D) non-solid
waste items placed in any container.
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).
means materials such as, but not limited to, cans, cardboard,
glass, newspaper, metal containers, paper, plastic bottles and containers,
plastic film, which is separated from other waste or refuse for the
purpose of recycling.
means the act or process of segregating, transporting, collecting,
sorting, cleansing, treating, or reconstituting materials that would
otherwise be discarded and returning them for use or reuse in the
form of materials for new, used or reconstituted products.
means solid waste.
means every lot in the city upon which is situated up to
four dwelling units including planned development projects and any
other parcel which has been improved with a so-called "duplex" or
"triplex" residential dwelling unit designated and used as living
quarters by human beings. Residential units shall not include hotels,
motels, lodge halls, clubs, tourist camps, trailer camps, churches,
commercial and industrial establishments, or any other lot containing
more than four dwelling units or upon which commercial or industrial
occupation is conducted.
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 Senate Bill 1383 (Chapter 395, Statutes of 2016), which
established 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.
means the unauthorized removal of recyclable material or
any other commodity designated by the city to have recyclable properties
or value by any person, individual, business, or solid waste entity
other than those authorized by the city or established in accordance
with this chapter.
means any individual, partnership, joint venture, unincorporated
private organization, or private corporation engaged in salvaging
which it creates, accumulates, imports or causes to be imported into
the city. Any person that self-hauls any solid waste, recyclables,
or organic waste within the city without a valid permit, shall be
subject to all fines, fees, and penalties identified in this title.
Back-haul means generating and transporting organic, recyclables or
and solid 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 of, from, or pertaining to any residential premises
with fewer than five units.
has the same meaning as defined in State Public Resources
Code Section 40191, which defines solid waste as all putrescible and
nonputrescible solid, semi-solid, and liquid wastes, including garbage,
trash, refuse, paper, rubbish, ashes, industrial wastes, demolition
and construction wastes, abandoned vehicles and parts thereof, discarded
home and industrial appliances, dewatered, treated, or chemically
fixed sewage sludge which is not hazardous waste, manure, vegetable
or animal solid 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:
Hazardous waste, as defined in the State Public Resources Code
Section 40141.
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).
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.
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As used in this chapter, the term solid waste includes organic
waste and recyclables, as well as waste generated by deconstruction
and demolition.
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means the collection, transportation, storage, transfer,
or processing of solid waste, recyclables, or organic waste for residential,
commercial, industrial, or institutional user(s), customers, patrons,
or residents.
means any individual, partnership, joint venture, unincorporated
private organization, or private corporation regularly engaged in
the business of providing solid waste collection services, recycling
services, or organic waste collection services.
means the process of removing recyclable materials from solid
waste at the place of generation, prior to collection, and placing
them into separate containers that are separately designated for recyclable
materials.
means organic waste that has been separated or kept separate
from the solid waste and recyclables stream, at the point of generation
for recycling.
means recyclables that have been separated or kept separate
from the solid waste and organic waste stream, at the point of generation
for recycling.
means an item or element of solid waste identified in 22
CCR Sections 66261.120, 66261.122, or any other waste which has been
classified as special waste the City Council.
means the State of California.
means a full-line, self-service retail store with gross annual
sales of two million dollars ($2,000,000.00), 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 a commercial edible food generator that is one of the
following:
means a commercial edible food generator that is one 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.
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.
includes, but is not limited to:
Batteries. Includes AAA, AA, C, D, button cell, 9-volt, both
rechargeable and single use. These may contain some corrosive or reactive
chemicals, as well as toxic heavy metals like cadmium. (Automotive
type batteries are not universal waste. However, when they become
waste, they are banned from the trash.).
Fluorescent Lamps and Tubes. Includes fluorescent tubes, compact
fluorescent lamps, metal halide lamps, sodium vapor lamps, high intensity
discharge (HID) lamps, and neon bulbs. These lamps contain mercury.
Mercury vapor might be released to the environment when they are broken.
The mercury from broken lamps in trash bins could find its way to
lakes and rivers during rain storms.
Thermostats. There is mercury inside the sealed glass "tilt
switch" of the old-style thermostats (not the newer electronic kind).
Electronic Devices. Includes televisions and computer monitors,
computers, printers, VCRs, cell phones, telephones, and radios. These
devices often contain heavy metals like lead, cadmium, copper, and
chromium.
Electrical Switches. Some electrical switches and relays contain
mercury. Such mercury switches can be found in some chest freezers,
pre-1972 washing machines, sump pumps, electric space heaters, clothes
irons, silent light switches, automobile hood and trunk lights, and
ABS brakes.
Pilot Light Sensors. Mercury-containing switches associated
with pilot light sensors are found in some gas appliances such as
stoves, ovens, clothes dryers, water heaters, furnaces and space heaters.
Mercury Gauges. Some gauges, such as barometers, manometers,
blood pressure, and vacuum gauges contain mercury.
Mercury Added Novelties. Examples include greeting cards that
play music when opened; athletic shoes (made before 1997) with flashing
lights in soles; and mercury maze games.
Mercury Thermometers. Mercury thermometers typically contain
about a half gram of mercury. Many health clinics, pharmacies and
doctor's offices have thermometer exchange programs that will give
you a new mercury-free fever thermometer in exchange for your old
one.
Non-Empty Aerosol Cans that Contain Hazardous Materials. Many
products in aerosol cans are toxic. And many aerosol cans contain
flammables, like butane, as propellants for products like paint. If
your aerosol can is labeled with words like TOXIC or FLAMMABLE don't
put it in the trash unless it is completely empty.
means any truck, trailer, or other conveyance or equipment
used to collect, haul or transport solid waste, hazardous waste, recyclable
material, or organic solid waste.
(Prior code § 5702; Ord. 00-565 § 1, 2000; Ord. 01-608 §§ 1, 2, 2001; Ord. 16-989 §§ 1, 2, 2016; Ord. 21-1169 § 2, 2021)
