Whenever the following defined words and phrases are used in
this chapter, they shall have the definitions or meanings established
by this section, unless it is clearly apparent from the context in
which the word or phrase appears that a different definition or meaning
is intended.
means the scheduled pick up of solid waste but does not include
the random picking up of loose litter from public places or places
open to the public.
means property upon which business activity is conducted,
including, but not limited to, hotel, motel, trailer court, restaurant,
cafeteria, market, hospital or any educational, professional, commercial
or industrial establishment of any nature whatsoever where there is
generation of solid wastes.
means the controlled biological decomposition of organic
wastes that are source separated from the solid waste stream. Such
organic wastes include vegetable, animal, yard and wood wastes which
are not hazardous wastes.
means discarded materials resulting from construction, remodeling, repair and demolition activities on housing, commercial or governmental buildings and any other structure and pavement as defined in Chapter 8.17 of this code.
means any solid waste collector authorized by the city council
pursuant to the procedures established in this chapter.
includes, but is not restricted to, every accumulation of
animal, vegetable or other matter:
Resulting from the preparation and consumption of edible foodstuffs;
or
Resulting from decay or the storage of meats, fish, fowl, or
vegetables, including the cans, containers or wrappers of such materials;
or
Industrial, domestic and organic solid wastes or residue of
animals sold for meat; or
Vegetable and animal matter from kitchens, dining rooms, markets,
food establishments or any other place using, dealing in or handling
meats, fish, fowl, vegetables or grains; or
Offal, animal excreta or carcasses of animals, fish or fowl;
or
Any waste material for which there is not currently a feasible
collection system available.
means all substances defined as hazardous waste, acutely
hazardous waste or extremely hazardous waste by the state of California,
or identified as hazardous waste by the U.S. Environmental Protection
Agency, under applicable laws or regulations.
means ashes, bottles, broken crockery, glass, tin cans, metal
and metallic substances which will not incinerate through contact
with flames of ordinary temperature.
means and includes every owner of, every tenant or person
who is in possession or an inhabitant of or has the care and control
of a residential property or a commercial and/or industrial property
located in the city.
means any individual, form, corporation, association or group
or any combination thereof acting as a unit.
means solid waste which may be reused or processed into a
form suitable for reuse through reprocessing or remanufacture consistent
with the requirements of the California Integrated Waste Management
Act of 1989, including, without limitation, paper, newsprint, printed
matter, pasteboard, paper containers, cardboard, glass, aluminum,
PET, HDPE, and other plastics, beverage containers, compostable materials
(including yard waste), and wood, brick and stone in reusable size
and condition. Recyclable materials shall include those items of construction
debris and demolition debris which are described in this definition.
means a person or persons, firm, partnership, joint venture,
association or corporation engaged in the collection and recycling
of recyclable materials.
means property used for residential purposes, irrespective
of whether such dwelling units are rental units or are owner-occupied.
A structure may have one or more residential dwelling units. No place
used primarily for commercial or industrial purposes shall be considered
as a residential dwelling unit.
includes, but is not restricted to, all non-recyclable waste
or debris, cardboard, tree or shrub trimmings, rugs, straw, clothing,
wood or wood products, crockery, glass, rubber, metal, plastic, construction
waste and debris and other similar materials.
means all putrescible and non-putrescible solid, semi-solid
and liquid wastes, including garbage, trash, refuse, paper, rubbish,
ashes, demolition and construction wastes, 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.
does not include abandoned vehicles and parts thereof, hazardous
waste or low-level radioactive waste, medical waste, recyclable materials,
source-separated plant materials, or source-separated organic materials.
means any person or persons, firm, partnership, joint venture,
association or corporation engaged in the collection, transportation
or disposal of solid waste generated in the city.
includes the collecting, transporting and disposal of solid
waste generated within the city.
means any licensed recycling center, materials recovery facility,
intermediate processing center, incineration facility or landfill
where solid waste may be taken for immediate processing or final disposal.
includes a solid waste transfer or processing station and
a composting, transformation or disposal facility.
means the public streets, alleys and rights-of-way as the
same now or may hereafter exist within the city.
means leaves, grass, weeds and wood materials from trees
and shrubs.
(1941 Code § 1602, Ord. 696, (1959); Ord. 1535 § 1,
(1995); Ord. 1828 § 2,
(2008))
(a)
All
occupied premises within the limits of the city shall have solid waste
removal service as specified in this chapter.
(b)
No
person shall, for another, collect, remove or dispose of any solid
waste within the city, nor transport the same over any public street
or rights-of-way, unless a franchise to do so has first been obtained
from the city; provided, that any person who collects, removes, or
disposes of only recyclables shall only be required to obtain a city
business license.
(c)
It
is unlawful for any person to permit, allow or enter into any agreement
whatsoever for the collection or transportation of solid waste or
recyclable material with any person who does not possess a franchise
or business license.
(d)
It
is unlawful for any person to store or accumulate the following material
for any length of time in violation of the following requirements:
(1)
Solid waste shall be removed a minimum of at least once a week pursuant
to this chapter, or more often as necessary or mandated by the San
Mateo County Health Department; and
(2)
Recyclable materials shall be removed a minimum of at least once
every 30 days pursuant to this chapter, or more often as necessary
or mandated by the San Mateo County Health Department;
(d )
No person shall place or cause to be placed any solid waste
generated upon any property or by any residential, commercial or industrial
use into any container other than those owned or controlled by such
person, unless permission for such use is granted by the commercial,
industrial or residential customer owning or controlling the container
and approved by the city and its franchisee.
(e)
It
is unlawful for any person owning, occupying or having control of
any premises to set out or cause to be set out for collection any
solid waste other than that originating on the premises.
(f)
It
is unlawful for any person to dispose of solid waste in or near litter
or recycling containers placed by the city or any other agency in
public places for incidental use by pedestrian or vehicular traffic,
or in recycling containers or enclosures maintained by the city in
commercial zones.
(g)
It
is unlawful for any person to accumulate, keep or deposit solid waste
in such a manner that a public nuisance is created, including, but
not limited to, allowing insects, or rodents to breed therein.
(h)
Other
than as herein set forth, it is unlawful for any person to dump, bury,
burn, incinerate or otherwise dispose of or store or accumulate any
garbage, combustible or non-combustible rubbish, miscellaneous debris
or combined rubbish or solid waste on any private or public property
within the city; provided, however, that leaves, grass clippings and
the like may be composted but only in accordance with state and county
regulations governing composting.
(i)
No
person shall cast, place, sweep or deposit any solid waste on any
street, sidewalk, alley, sewer, storm drain, creek, parkway or other
public place or into any occupied premises within the city except
in an appropriately designated solid waste container.
(j)
No
commercial, industrial, or residential customer owning, occupying
or having the control of any premises or vacant lot or any person
occupying a dwelling within the city shall permit any solid waste
to become or remain offensive, unsightly or unsafe to the public health
or safety or to deposit, keep or accumulate or permit to cause any
solid waste to be deposited, kept, or accumulated, upon any property,
lot, or parcel of land or upon any public or private place, street,
lane, alley or driveway, except as allowed in this chapter.
(1941 Code § 1603, Ord. 696, (1959); Ord. 1535 § 1,
(1995); Ord. 1828 § 2,
(2008))
The following types of collection or transportation of solid
waste are exempted from the requirements of this chapter:
(a)
Yard
waste removed from a premises by a gardening, landscaping or tree
trimming contractor having a city business license and as an incidental
part of a total service offered by that contractor rather than as
a disposal service, and tree trimmings, clippings and all similar
materials generated at parks and other publicly maintained premises;
(b)
Demolition
debris removed from a premises by a licensed contractor as an incidental
part of a total service offered by that contractor rather than as
a disposal service;
(c)
By-products
of sewage treatment, including sludge, grit and screenings;
(d)
The
collection of hazardous or dangerous waste as part of regular services,
including, without limitation, liquid and dry caustics, acids, bio-hazardous,
flammable or explosive materials, insecticides and similar substances;
(e)
Recyclable
materials and yard wastes which are generated at any residential,
commercial, or industrial property and which are transported personally
by the owner or occupant of such premises (or by his or her full-time
employees) to a licensed solid waste or recycling facility in a manner
consistent with this chapter and other applicable laws;
(f)
Nothing in this chapter shall prohibit a person or the person's employees from transporting to a licensed transfer station or materials recovery facility any solid waste, garbage, rubbish, or yard waste that is incidental to the conduct of the person's individual business within the city or to the maintenance of the person's individual residence, so long as there is no spillage on city streets and the transport is conducted pursuant to applicable laws governing the transport of materials. However, any such transport does not relieve the person from the ongoing obligation to contract with a city franchisee pursuant to Section 8.16.040 of this chapter;
(g)
An
exemption to the mandatory disposal requirements set forth above may
be applied for under the condition that the individual or property
owner shows proof of use of a city-approved solid waste collection
alternative, including, but not limited to, on-site composting. Any
such exemption shall be subject to approval of the city manager or
the city manager's designee.
(1941 Code § 1604, Ord. 696, (1959); Ord. 1535 § 1,
(1995); Ord. 1828 § 2,
(2008))
(a)
Unless
otherwise expressly excepted by this chapter, the owner, occupant
or other person responsible for the day-to-day operation of any residential,
commercial, or industrial property in the city shall contract with
a city franchisee for the removal and disposal of solid waste generated
from the use of the property.
(b)
The
franchisee is authorized to charge all customers a fee for the collection
and transportation of solid waste, subject to the approval by the
city council of the fee. Such fees may include charges for collection,
landfills, recovery or recyclables, composting and may include the
cost of preparing and implementing source reduction, recycling elements
and integrated waste management plans.
(c)
All
solid waste shall be kept free of all hazardous materials and placed
in a container or containers unless other acceptable arrangements
are made with the franchisee.
(d)
Containers
shall be made of metal or plastic, and of sufficient strength to prevent
them from being broken under ordinary conditions.
(e)
Containers
containing any solid waste except recyclable materials shall be maintained
in a clean, safe, sanitary condition, and continuously enclosed by
a solid tight-fitting cover secured from access by insects, animals
and rodents, except when solid waste is being dumped into or removed
from the container.
(f)
Garbage
or other refuse containing water or other liquids shall be drained
before being placed in a container and the drainage properly disposed
of to the sanitary sewer.
(h)
Animal waste shall not be placed directly in a container for
regular collection and disposal, but shall be placed within a secondary
containment (i.e., plastic bag) within the container for regular collection
and disposal, as required by the franchisee and the San Mateo County
Health Department.
(i)
Unless
provisions to prevent litter are otherwise provided, no person shall
so fill any container with garbage or rubbish above the top of the
container to such extent as to permit the contents of any container
to be blown or otherwise strewn about.
(j)
If
solid waste from either residential, commercial, or industrial property
is of such a nature that it cannot be placed in a container, it shall
be carefully placed beside the container in securely tied bundles.
Solid waste which exceeds size or type limitations set by the franchisee
shall be scheduled for special collection, and special collection
charges may be assessed by the franchisee for this service.
(k)
Any
containers placed for collection along a street, roadway or alley
shall be set out only on the day established for the collection on
the particular route or after 5:30 p.m. on the day immediately prior
to such collection, and shall not remain thereon for more than 18
hours after it has been emptied. Any containers placed for collection
along a street, roadway or alley in the Burlingame Avenue Commercial
Area and Broadway Commercial Area, as defined by the Burlingame Zoning
Code, shall be removed from the streets and sidewalks by 1:00 p.m.
on the day of garbage collection.
(l)
Any
container placed for collection in any alley shall be placed as close
to the property line as practicable.
(m)
No
person, including a solid waste collector, shall place or cause to
be placed any solid waste or solid waste container in any public street
or roadway without an encroachment permit from the city or in any
place or in any manner inconsistent with the regulations of this chapter.
(n)
Each
owner or occupant of residential, commercial, or industrial property
shall maintain supervision and surveillance over the solid waste containers
on the premises and shall maintain the same in a sanitary condition.
If the containers are not emptied and the contents removed on the
date and time scheduled by the franchisee, the owner or occupant should
immediately notify the franchisee and it shall be the duty of the
franchisee to, within 24 hours thereafter, arrange for the collection
and disposal of the solid waste.
(o)
Solid
waste which exceeds the limitations hereinabove set forth may, in
the discretion of the franchisee, be scheduled for special collection
upon the application of the owner or occupant of the premises. Special
collection charges may be assessed by the franchisee for this service.
(p)
No
person, other than the owner thereof, owner's agents or employees
or an officer or employee of the city or any person holding a franchise
or license from the city for the collection or disposal of refuse
or recyclables shall remove any materials set out for recycling collection
or tamper or meddle with any solid waste or recycling container or
the contents thereof, or remove the contents of any such container,
or remove any such container from the location where the same shall
have been placed by the owner thereof or owner's agent.
(1941 Code § 1605, Ord. 696, (1959); Ord. 1535 § 1,
(1995); Ord. 1828 § 2,
(2008); Ord. 1931 § 1,
(2016))
(a)
Recyclables
placed at the curb of residential properties shall be separated from
other solid waste in a manner approved by the city and shall be placed
for collection in the container provided by the recycling operator
for such material.
(b)
Recyclables
placed at the curb of residential properties or placed for collection
at other recycling locations for pick up by a franchisee or licensee
shall become the property of the franchisee or licensee at the time
of their placement in the recycling containers or otherwise set out
for collection.
(1941 Code § 1606, Ord. 696, (1959); Ord. 1535 § 1,
(1995); Ord. 1828 § 2,
(2008))
(a)
Highly
flammable or explosive or radioactive refuse shall not be placed in
a container for regular collection and disposal but shall be removed
under the supervision of the Central County Fire Department at the
expense of the owner or possessor of such material.
(b)
No
hazardous waste shall be mixed or placed with any rubbish, garbage
or other solid waste which is to be collected, removed or disposed
of by the city's franchisee. Hazardous waste or household hazardous
waste may only be disposed of in a manner allowed by federal, state,
and county regulations.
(1941 Code § 1607, Ord. 696, (1959); Ord. 1535 § 1,
(1995); Ord. 1828 § 2,
(2008))
In all case of disputes or complaints arising from or concerning
the place where receptacles for refuse shall be placed awaiting the
removal of their contents, the quantities to be removed, and the times
for removal, the health officer shall designate the place, the estimated
quantity, the frequency and manner of removal.
(Ord. 1828 § 2, (2008))
