No provision of this article shall prevent residential householders
from collecting and disposing of occasional loads of solid waste generated
in or on their residential premises, or from composting organic waste,
or from selling or disposing of recyclables generated in or on their
residential premises. However, no residential householder shall employ
or engage any solid waste enterprise, other than a collector, to haul
or transport such materials to a transfer station, materials recovery
facility, organics processing facility or landfill.
(Prior code § 5790; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)
No provision of this article shall prevent a gardener, tree
trimmer or person engaged in a similar trade from collecting, transporting
and disposing of grass cuttings, pruning, and similar material not
containing other solid waste when incidental to providing such gardening,
tree trimming or similar services.
(Prior code § 5791; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)
a. Source-Separated Recyclables. No provision of this article
shall prevent a commercial/industrial business owner from selling
to a buyer, for a monetary or other valuable consideration, any source-separated
recyclables, including, without limitation, any saleable scrap, discard,
reject, by-product, ferrous or non-ferrous metal, worn-out or defective
part, junk, pallet, packaging material, paper or other similar item
generated in, on or by a commercial/industrial premises or business,
and no longer useful to such commercial/industrial business but having
market value, whether such buyer is a recycler, junk dealer, or other
enterprise engaged in the business of buying and marketing such materials
in the stream of commerce; so long as such buyer is not engaged in
the business of collecting solid waste for a fee or other charge or
consideration, and that no such materials are transported for disposition
to a landfill or transfer station (as defined in Public Resources
Code Section 40200). "Source-separated recyclables," within the meaning
of this section, shall mean recyclables separated on the commercial/industrial
premises from solid waste for the purpose of sale, not mixed with
or containing more than incidental or minimal solid waste, and having
a market value.
No provision of this article shall prevent a recycler, junk
dealer or other enterprise engaged in the business of buying and marketing
such materials in the stream of commerce and which is not engaged
in the business of collecting solid waste or providing solid waste
collection services for a fee or other charge, or consideration, from
buying any materials referenced in this subsection for a monetary
or other valuable consideration, and which buys such materials for
marketing and not for disposition in a landfill or transfer station
(as defined in
Public Resources Code Section 40200); nor shall any
provision of this article prevent such recycler, junk dealer or enterprise
which buys such materials from removing and transporting such materials
to a destination for marketing in the stream of commerce. No such
buyer shall buy or transport such materials without prior authorization
from the city, as required by this code, whether in the form of a
business license, a business permit, or a nonexclusive collection
agreement.
b. In-House Recycling Programs. Nothing in this article shall
prevent a commercial/industrial business which has its own recycling
or resource recovery program for recyclables or organic waste generated
by such business and not utilizing a solid waste enterprise which
provides collection services for a fee, service charge, or other consideration,
from continuing such recycling or resource recovery program, and the
recyclables included in such program are excepted from any collection
agreement entered into by the city.
c. Renovation, Rebuilding, Repairs. No provision of this article
shall prevent a commercial/industrial business owner from arranging
for any worn, spent, or defective equipment, or part thereof, used
in such commercial/industrial business and requiring renovation, rebuilding,
recharging, regeneration or repair, to be picked up, renovated, rebuilt,
recharged, regenerated or otherwise restored and repaired and returned
to such commercial/industrial business owner; nor shall any provision
of this article prevent any person engaged in the business of renovating,
rebuilding, recharging, regenerating, or otherwise restoring or repairing
such equipment or part thereof, from transporting the same from or
returning it to the commercial/industrial business, or from removing,
transporting or disposing of any such equipment, or part thereof,
replaced in connection with an equipment repair or service contract.
d. Document Destruction Service. No provision of this article
shall prevent any person engaged in the business of destroying or
disposing of secret, confidential, or sensitive documents from transporting
or disposing of such documents by shredding, lumping, incinerating,
or other means, as a part of such document destruction or disposal
service.
(Prior code § 5792; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)
a. Notwithstanding any other provision of this article, and in addition to the authority granted by Section
15.40.010, nothing in this article shall prevent a commercial/industrial business owner or residential householder from, on a regular basis, collecting and disposing of solid waste generated in or on their premises. No residential householder or commercial/industrial business owner shall employ or engage any solid waste enterprise, other than a collector, to haul or transport such materials to a transfer station, materials recovery facility, composting facility, organic waste processing facility, or landfill. Any residential householder or commercial/industrial business owner who, pursuant to this section seeks to, on a regular basis, collect and dispose of solid waste, recyclables, or organic waste generated in or on their premises, must first obtain a self-haul permit from the city, and must comply with procedures for self-hauling to be adopted by resolution of the City Council.
b. Self-haulers
shall source separate all recyclable materials and organic waste generated
on site from solid waste in a manner consistent with 14
CCR Sections
18984.1 and 18984.2, or shall haul organic waste to a high diversion
organic waste processing facility.
c. Self-haulers
shall haul their source separated recyclable materials to a facility
that recovers those materials; and haul their source separated green
container organic waste to a solid waste facility, operation, activity,
or property that processes or recovers source separated organic waste.
Alternatively, self-haulers may haul organic waste to a high diversion
organic waste processing facility.
d. Self-haulers
that are commercial businesses (including multi-family residential
dwellings) shall keep a record of the amount of organic waste delivered
to each solid waste facility, operation, activity, or property that
processes or recovers organic waste; this record shall be subject
to inspection by the city. The records shall include the following
information:
1. Delivery
receipts and weight tickets from the entity accepting the 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
organic waste.
e. Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in Section
15.40.040(d) to the city if requested.
f. A residential organic waste generator that self-hauls organic waste is not required to record information in Section
15.40.040(d) or report information in Section
15.40.040(e).
(Prior code § 5793; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)
In all cases where the right to an exclusion pursuant to this
article is exercised, disposal shall be made at a disposal or processing
facility which meets all applicable regulatory requirements. Any such
disposal by a person exempted under this section shall not relieve
such person from any obligation or liability imposed by this article
or any other city ordinance, resolution, rule or regulation for the
payment of the minimum solid waste, recyclables, and organic waste
collection rates imposed by the city or the collector pursuant to
this article, or of any other applicable rates or fees. Notwithstanding
the foregoing, the following shall be exempt from the payment of the
solid waste, recyclables, and organic waste collection rates imposed
for use of the services provided by the collector: any owner of vacant
property who does not use the solid waste, recyclables, and organic
waste collection services offered by the franchised collector, for
the period of time the property is vacant.
(Prior code § 5795; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)