It is the intent and purpose of this chapter to promote recycling to enable the City of Woodland to meet and maintain the State of California waste diversion requirements set forth in Public Resource Code Section 41780(a)(2) and to work toward future State policy goals for waste diversion rates. This chapter meets this purpose by requiring all residents and commercial businesses as defined in Section 13.36.020 in the City of Woodland to make reasonable efforts to separate recyclable materials from all other solid waste and organic materials unless exempted as described in Section 13.36.050.
(Ord. 1677 § 3, 2021)
The following terms are defined for the purposes of this chapter:
"Alternative recycler"
means a firm, partnership, corporation or other entity, other than an authorized contractor, with which a customer contracts for the removal from the customer's premises of specified recyclable materials generated by the customer and which pays the customer for the recyclable materials, or which accepts donations of recyclable materials from customers; in no case shall an alternative recycler charge or collect any fee or charge from a customer for the collection or processing of recyclables.
"Approved recycling container"
means a recycling cart or other wheeled container, front-load bin, or other container provided by an authorized contractor or an alternative recycler or approved by the City for the collection and removal of recyclable materials.
"Authorized contractor"
means a firm, partnership, corporation or other entity authorized under and by virtue of a contract with the City to collect recyclable materials within the City limits.
"Business"
means any commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint-stock company, corporation, or association that is organized as a for-profit or nonprofit entity, property complex containing two or more commercial entities, industrial facility, special district or a Federal, local, or regional agency or facility. In addition, to the extent that applicable law allows the City to regulate the disposal of waste by schools, school districts, and State agencies, such organizations shall be considered businesses for the purpose of this chapter.
"Commercial" or "commercial business"
means a business, industrial, commercial establishment, or construction site, and any multifamily, residential property with five units or more.
"Commercial solid waste"
means all types of solid waste, including recyclable materials, that are discarded from businesses but does not include industrial waste.
"Customer"
means:
1. 
A residential property owner or occupant; or
2. 
A business or multifamily residential property owner or generator that contracts for recyclable material removal services with an authorized contractor or alternative recycler.
Where several businesses or multifamily residential properties share waste containers or service, "customer" refers only to the party that enters into a contract for removal services.
"Generator"
means each residential property owner or occupant, business, or multifamily residential property that generates one or more recyclable materials as a result of its activities.
"Industrial waste"
means the solid wastes and semi-solid wastes that result from industrial processes and manufacturing operations.
"Multifamily residential property"
means five or more residential dwelling units located on a single parcel of land, including any mobile home park, located within the City.
"Recyclable materials"
means material such as, but not limited to, newspapers, glass, metal and aluminum cans, plastic bottles, corrugated cardboard and used motor oil which is separated from other waste or solid waste for the purpose of recycling.
"Recycling"
means the process of collecting and turning used products into new products by reprocessing or remanufacturing them.
"Recycling center"
means an operation, including a place, mobile unit, reverse vending machine, or other device, which is certified by the State of California and which accepts from consumers, and pays or provides the refund value for, empty beverage containers intended to be recycled.
"Self-hauling"
means an individual or business transporting its own waste and/or recyclable materials rather than contracting with an authorized contractor or an alternative recycler for that service.
"Self-hauling/exemption form"
means the form provided by the Community Development Director or his or her designee on which a commercial business certifies that it is exempt from the requirements of the commercial recycling program as set forth in Section 13.36.040, it is using an alternative recycler, or it will be self-hauling and its activities will be completed in accordance with the provisions of this chapter and any other applicable law or regulation.
"Source separating" or "source separation"
means the process of removing recyclable materials from solid waste and organic waste at the place of generation, prior to collection, and placing them into separate containers that are separately designated for recyclable materials.
(Ord. 1677 § 3, 2021)
A. 
Each commercial business shall be responsible for ensuring and demonstrating compliance with the following requirements:
1. 
Source separation of recyclable materials from the solid waste they are discarding and the organic waste they are recycling;
2. 
Providing for a basic level of recycling service that includes, at a minimum, the collection of recyclable materials; and
3. 
Entering into a service agreement with an authorized contractor for the collection of recyclable materials; or completing a self-hauling/exemption form. The requirements for self-hauling may include, but are not limited to, maintaining written records demonstrating that all self-hauling activities have been completed in accordance with the standards imposed by the City in this chapter.
B. 
Each commercial business shall provide containers for designated recyclable materials in common areas where recyclable materials may be collected.
C. 
Each commercial business shall ensure that designated recyclable materials generated at its site will be taken only to a recycling center, and not to a landfill for disposal, by complying with all the requirements of this chapter.
D. 
Each commercial business shall prominently post and maintain one or more signs where designated recyclable materials are collected that set forth what materials are required to be source separated, in addition to collection procedures for such materials.
E. 
No commercial business shall be liable for the failure of an authorized contractor or alternative recycler to deliver designated recyclable materials to a recycling center.
(Ord. 1677 § 3, 2021)
A. 
Any commercial business seeking to be exempted from the commercial recycling program requirements of Section 13.36.030, intending to conduct self-hauling of recyclable materials, or intending to contract with an alternative recycler instead of an authorized contractor must complete a self-hauling/exemption form annually. See Section 13.36.050 for self-hauling and self-hauling/exemption form requirements. The application for exemption shall be submitted to the Community Development Director, and/or designee, who will either approve or disapprove the exemption request within 30 days of the application submittal.
B. 
A covered generator may be exempted by the Community Development Director, and/or designee, if it is determined through a site visit requested by the commercial business:
1. 
That there is not adequate storage space for approved recycling containers for recyclable materials on site and that it is infeasible for the commercial business to share approved recycling containers for designated recyclable materials with another generator on an adjoining property; or
2. 
That compliance with this chapter results in a violation of the City's zoning code, including City zoning regulations for minimum parking spaces.
If the Community Development Director, and/or designee, determines that it is feasible for recycling containers to be placed on site or shared with an adjoining generator, the commercial business will be responsible for compliance with this chapter.
C. 
A commercial business may be exempted if utilizing other recycling efforts as approved by the Community Development Director, and/or designee.
(Ord. 1677 § 3, 2021)
A. 
A commercial business may transport the recyclable materials generated and collected at its premises by self-hauling to a recycling center, rather than using an authorized contractor or alternative recycler only if an owner, generator or employee of the commercial business completes this activity by utilizing a vehicle owned by either an employee or the entity.
B. 
A commercial business that transports recyclable materials generated and collected at its premises to a recycling center without the utilization of an authorized contractor or alternative recycler must complete a self-hauling/exemption form that certifies that all self-hauling activities will be completed in accordance with the provisions of all applicable laws and/or regulations. At a minimum, the commercial business shall provide the following information on the self-hauling/exemption form:
1. 
The name, address and telephone number of the commercial business that is signing the self-hauling/exemption form;
2. 
A list of the types of recyclable materials being self-hauled;
3. 
For each type of recyclable material, the weight or the estimated amount that is being taken to a recycling center quarterly;
4. 
The name and address of the recycling center(s).
C. 
The self-hauling/exemption form shall contain a written statement signed by the commercial business' owner or manager certifying that the commercial business is in compliance with the requirements of this chapter.
D. 
Approval requirements for self-hauling may include, but are not limited to, requiring applicants to maintain written records demonstrating that all self-hauling activities have been completed in accordance with the standards imposed by the City's commercial recycling program, as described in this chapter. These records shall be made available to the Community Development Director and/or designee for review upon request.
E. 
The Community Development Director, and/or designee, may restrict or prohibit self-hauling by a covered generator if the Community Development Director, and/or designee, determines that the person's self-hauling activities violate the provisions of this chapter or any other applicable law or regulation.
(Ord. 1677 § 3, 2021)
A. 
Within 30 days of written notification of denial of a self-hauling/exemption application, or within 60 days of Community Development Director's and/or designee's failure to act on the application, the applicant has the right to meet with the Community Development Director, and/or designee, to review the items cited in the written notice and provide any additional evidence to support approval. Within 15 days of such meeting, the Community Development Director, and/or designee, will make a final, written determination of the application based on the reviews of additional evidence, together with the original application. The Community Development Director, and/or designee, will send a copy of all final, written determinations, including reasons for denial, if any, to the applicant.
B. 
Within 10 days after receiving the final denial from the Community Development Director and/or designee, the applicant may request that the City Manager reconsider the determination by submitting a written appeal to the City Manager. If the applicant's appeal includes a request for a meeting, the applicant has the right to meet with the City Manager within 30 days of the written request to review the materials related to the application and the denial. The applicant shall have the burden of proof to show facts demonstrating that the applicant does, in fact, meet the requirements of this chapter. The City Manager will provide the applicant with a written explanation of his or her determination on the application within 30 days of such meeting or, if no meeting is requested, within 30 days of receipt of the applicant's request for City Manager review. The City Manager's decision is final.
(Ord. 1677 § 3, 2021)
A. 
Authority. The Community Development Director, and/or designee is authorized to administer and enforce the provisions of this chapter. To the extent permitted by law, the Community Development Director and/or designee may inspect any collection container, collection vehicle load, or receiving facility for collected solid waste, recyclable materials, or organic waste.
B. 
Remedies. It is unlawful to violate any provision or requirement of this chapter. The failure to comply with any requirement of this chapter constitutes a violation of this chapter. Each instance of a violation of this chapter is a separate offense. Violations of the provisions or requirements of this chapter may be prosecuted as an infraction or misdemeanor subject to the penalties provided in Section 1.08.070 of this code, or the Community Development Director and/or his or her designee, may issue an administrative citation as provided in Chapter 9.20 of this code.
C. 
Remedies Cumulative. Remedies under this section are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.
D. 
Strict Liability. Violations of this chapter shall be treated as strict liability offenses regardless of intent.
E. 
Deferral of Remedies. No remedy identified herein shall be applicable until one year after the adoption of this chapter.
(Ord. 1677 § 3, 2021)