The words and phrases used in this chapter shall have the same meaning as defined in Section
7.16.010, unless otherwise specifically defined herein. Words and phrases not defined in this section or in Section
7.16.010 shall have the meaning as defined in the Act.
Act.
The California Integrated Waste Management Act, Public Resources
Code Section 4000 et seq., including all regulations promulgated thereunder
by the Integrated Waste Management Board as presently enacted or subsequently
enacted or amended.
Certified Recycling Facility or Facilities.
A recycling, composting, materials recovery or re-use facility
for which the Public Works Director has issued a certification pursuant
to Chapter Regulations adopted pursuant to this chapter. The Chapter
Regulations establish the specific requirements for the certification
of a recycling facility. The Public Works Director shall issue a certification
on an annual basis for a recycling facility only if the owner or operator
of the facility submits documentation satisfactory to the Director
that the facility has obtained all applicable Federal, State and local
permits. In addition, the owner or operator of a certified recycling
facility shall regularly submit records, on a form approved by the
Public Works Director, which evidences that the amount of waste that
is diverted from landfill disposal meets the minimum percentage set
forth in this chapter and in the Chapter Regulations.
Construction and Demolition Debris.
The discarded materials, packaging or rubble resulting from
the construction, remodeling, repair, or demolition of buildings and
other improvements, including, but not limited to, brick, rock, wood,
and concrete.
Container(s).
Any roll-off, container, box, dumpster, or other similar
container that is 10 cubic yards or greater in volume, including any
vehicle with a gross vehicle weight rating of seven tons or greater
and which is used to provide Unscheduled Collection of solid waste
or other similarly defined services. For purposes of this section,
the terms "gross vehicle weight rating" and "vehicle" shall have the
same meaning as those terms are defined in Sections 350 and 670, respectively,
in the California
Vehicle Code as presently enacted or subsequently
enacted or amended.
Divert or Diversion.
A reduction in the amount of solid waste being disposed in
landfills by the delivery of waste collected by a Permittee to a Certified
Recycling Facility or disposed by other appropriate methods as approved
in the Chapter Regulations.
Greenwaste.
Any prunings, brush, leaves, grass clippings, hedge trimmings,
small branches or other vegetative waste.
Permittee.
The Collection Business in whose name an Unscheduled Collection
Permit has been issued, including any Person acting as an agent of
the Permittee.
Person.
Person includes both singular and plural and shall mean and
include any business, individual, firm, corporation, association,
partnership or limited partnership, joint venture, trust or a similar
legal entity, but shall exclude public agencies.
Putrescible Waste.
Any waste, including Garbage that is capable of being decomposed
by micro-organisms with sufficient rapidity as to cause nuisances
because of odors, gases, or other offensive conditions. For purposes
of this chapter, putrescible waste does not include Greenwaste.
Solid Waste.
All nonputrescible solid and semi-solid waste, including,
but not limited to, Garbage, Rubbish and Trash, Refuse, Rubble, Construction
and Demolition Debris, Industrial Waste, discarded home and industrial
appliances, and other discarded substances and materials, excepting
Hazardous waste, Radio-active waste, and Medical waste, as those terms
are defined in the Act.
Unscheduled Collection.
Collection of non-putrescible solid waste, including, but
not limited to, Greenwaste and Construction and Demolition Debris,
provided through the delivery, use, and removal of Containers on an
occasional and non-recurring basis in response to requests for such
service at specific real property located within the City. For purposes
of this chapter, Regular Collection Commercial Service, excepting
the collection and transportation of Construction and Demolition Debris,
provided by a franchised Contractor utilizing Containers, is not Unscheduled
Collection service.
(Ord. 5438, 2007)
An Unscheduled Collection Permit shall be issued by the City
Public Works Director upon receipt of a duly completed application,
in a form approved by the Public Works Director, of any Collection
Business intending to provide Unscheduled Collection within the City
of Santa Barbara. The permit application form shall include, but is
not limited to, the following information:
B. Permanent
home and business address of the applicant.
D. If a
joint venture, partnership or limited partnership, the names and permanent
addresses of all joint ventures or general partners. If a corporation,
the name and permanent address of the local manager and the address
of the corporate headquarters.
(Ord. 5438, 2007)
Unscheduled Collection Permits shall be subject to, but not
limited to, the following required standard terms and conditions:
A. Encroachment permit required. The Permittee shall obtain an encroachment permit pursuant to Chapter
10.55 prior to placing a Container on any city street, roadway, sidewalk, parkway, parking area or facility or other City-owned property.
B. Diversion
requirements. The Permittee shall deliver all solid waste collected
pursuant to this chapter to a Certified Recycling Facility. For purposes
of this chapter, "diversion" of solid waste shall commence at the
real property located within the City where the solid waste is first
collected and shall end upon delivery to a Certified Recycling Facility.
The Public Works Director is authorized to waive or modify the requirements
of this subsection pursuant to the diversion requirements established
in the Chapter Regulations.
C. Reporting
requirements. The Permittee shall make a quarterly report to the Public
Works Director regarding the composition, weight, and final destination
of all Solid Waste that is hauled from within the City of Santa Barbara
in Containers provided by the Permittee and any other information
required by the Public Works Director in regard to the collection,
classification, and disposition of Solid Waste collected pursuant
to this chapter. The Public Works Director may develop a standard
form for this required quarterly report.
D. Review
of permittee's records. The Public Works Director shall have the right
at any time during normal business hours to inspect and request copies
of the Permittee's records relating to unscheduled collection within
the City for the purpose of determining compliance with the diversion
and reporting requirements of this chapter and the Chapter Regulations.
E. Period
of validity. An Unscheduled Collection Permit shall be valid from
five years from the date of its issuance. Prior to expiration of the
Permit, the Permittee shall reapply to the Public Works Director for
a renewed Unscheduled Collection Permit.
F. Permit
conditions and modification of permit. The Unscheduled Collection
Permit shall be granted on such other conditions as determined appropriate
by the Public Works Director, provided such conditions are consistent
with the provisions of this chapter, including all Chapter Regulations.
The Public Works Director may, from time to time, modify the Unscheduled
Collection Permit conditions as he or she deems appropriate or due
to changes in applicable law.
G. Putrescible
wastes not allowed. Unscheduled Collection shall not be used for the
placement and removal of Putrescible Waste.
H. Posting
of permit. A Permittee shall post, and securely fasten, a copy of
its Unscheduled Collection Permit on all of its Containers being used
within the City in a manner which makes the Permit clearly visible
to the public at all times.
I. Permit
and other fees. Fees payable by Permittee for the Unscheduled Collection
Permit and other applicable fees shall be established by resolution
of the City Council.
(Ord. 5438, 2007)
Appeals by the Permittee of a suspension or revocation of the Unscheduled Collection Permit shall be conducted in accordance with Section
1.25.100.
(Ord. 5438, 2007)
Persons operating a Collection Business at the time of the adoption
of the ordinance enacting this chapter must submit an application
for an Unscheduled Collection Permit no later than 90 days after the
adoption date of the ordinance enacting this chapter.
(Ord. 5438, 2007)
The Public Works Director shall prepare regulations required
to enforce or carry out the provisions of this chapter, which regulations
shall be submitted to and approved by resolution of the City Council
("Chapter Regulations") not later than the effective date of the ordinance
approving this chapter.
(Ord. 5438, 2007)