A. 
The accumulation, collection, removal and disposal of refuse must be controlled by the city for the protection of the public health, safety and welfare. The council finds that to give practical effect to this policy a comprehensive system for the periodic collection, removal and disposal of refuse from all places or premises is essential and benefits all occupants of places and premises. All occupants of places or premises shall be liable for refuse collection charges established by the council for the collection, removal and disposal of refuse.
B. 
The city and its residents and businesses must comply with the applicable provisions of the California Integrated Waste Management Act, as amended, codified in the Public Resources Code Section 40000, et seq. The law requires that, by and after January 1, 2000, fifty percent of the refuse generated must be diverted through some source reduction, recycling and composting activities.
C. 
The city and its businesses must also comply with the seventy-five percent recycling goal included as part of Assembly Bill 341, Mandatory Commercial Recycling Law, adopted on October 6, 2011.
D. 
The city and its residents and businesses must also comply with Assembly Bill 1826, which imposes organic waste recycling requirements with a mandate that began on April 1, 2016.
E. 
The city and its residents and businesses must also comply with Senate Bill 1383, Short-Lived Climate Pollutants, adopted on September 19, 2016.
(Ord. 1096 § 1, 2020)
A. 
Within and limited to this chapter, the following words and phrases shall be construed as defined in this section, unless the context indicates otherwise.
"Bin"
means a detachable refuse container used in connection with commercial premises with a one and one-half to six cubic yard capacity, equipped with a lid, and designed for mechanical pick-up by collection vehicles.
"Cart"
means a wheeled receptacle equipped with a lid, and designed for mechanical pick-up by collection vehicles.
"City"
means the city of La Verne, county of Los Angeles, state of California, and all of the territory lying within the municipal boundaries of the city as presently existing and all geographical areas which may be added or annexed to the city.
"City manager"
means an individual having that title in the employ of the city of La Verne, or the city manager's designee.
"Civic litter container"
means a container authorized by the city and placed in the public right-of-way, at municipal facilities or in public parks.
"Collector"
means a person, persons, local agency, firm, corporation of other entity franchised, permitted, licensed or otherwise authorized by the city council by resolution in writing naming the entity, to make arrangements with solid waste recipients for the collection of solid wastes or construction and demolition waste within the city.
"Commercial business owner"
means any person holding or occupying, alone or with others, commercial premises, whether or not the person holds the title or is the record owner of the commercial premises.
"Commercial premises"
means any occupied real property in La Verne, except residential premises as defined in subsection (A)(28) of this section, and shall include, without limitations, any wholesale or retail establishments, restaurant and food service establishment, bar, store, shop, shopping center, office, industrial establishment, professional, services, sports or recreational facility, any place or premises where an animal is maintained or sheltered, construction or demolition site, a multiple dwelling that is not a residential premises, and any other commercial or industrial business facility structure, site, or other establishment in La Verne.
"Compostable materials"
means organic materials approved for collection and processing including, without limitation, yard trimming, food scraps, soiled paper and compostable plastics, but excluding animal manure, sewage sludge and human biological wastes.
"Construction and/or demolition site"
means any real property in La Verne, at which a building or structure, or any portion thereof, is being constructed, assembled, erected or demolished, and during which construction or demolition waste which must be removed from the property.
"Construction and/or demolition waste"
means any waste generated as the result of construction or demolition work, including, without limitation, discarded packing or containers and waste construction materials, whether brought on-site for fabrication or used in construction or resulting from demolition, excluding liquid waste and hazardous waste.
"Container"
means any bin, cart, compactor or roll-off used for the storage of solid waste, recyclable materials, compostable materials or other materials designated by the city for collection by the collector.
"Disposal processing facility"
means a landfill facility, a recycling facility, a composting facility or a solid waste transfer or processing station.
"EPA"
means the federal Environmental Protection Agency or successor agency.
"Hazardous waste"
means waste defined as hazardous by Public Resources Code Section 40141, as it now exists or may be amended, namely, a waste or combination of wastes, which due to its quantity, concentration, or physical, chemical or infectious characteristics, may do either of the following: (a) cause or significantly contribute to, an increase in mortality of an increase in serious irreversible, or incapacitating reversible, illness; (b) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. "Hazardous waste" includes extremely hazardous waste and acutely hazardous waste, and any other waste as may hereafter from time to time be designated as hazardous by the EPA or other agency of the United States Government, of by the California Legislature or any agency of the state of California empowered by law to classify or designate waste as hazardous, extremely hazardous or acutely hazardous.
"Home composting"
means the controlled decomposition of organic material, including, without limitation, yard trimmings and kitchen scraps, into humus by any person owning or occupying any place or premises in La Verne.
"Manure"
means the waste droppings of any animal.
"Multifamily property"
means any residential premises with five or more units with shared service.
"Organic wastes"
means "compostable materials".
"Person"
means any individual, or entity including any general partnership, limited partnership, limited liability partnership, or limited liability company.
"Place or premises"
means every residential premises and commercial premises including any structure, apparatus, or portion thereof occupied or operated by any person.
"Public solid waste or recycling receptacles"
means any container for the collection of solid waste, recyclable materials or compostable materials that are both located on public property and intended for use by the general public.
"Recyclable materials"
means materials suitable for collection and transport to a material recovery facility for processing into a recycled content product, including without limitation, newspaper, paper, cans, corrugated cardboard, glass, certain types of plastic and metals.
"Recycling"
means the process of collecting, sorting, cleansing, treating and reconstructing materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace. "Recycling" does not include transformation, as defined in Public Resources Code, Section 40201.
"Refuse"
means and includes compostable materials, recyclable materials and solid waste.
"Refuse service"
means the weekly or other periodic collection processing and disposal of materials properly deposited in the collector-provided containers for solid waste, recyclable materials and compostable materials.
"Residential property owner"
means any person owning residential premises in La Verne.
"Residential premises"
means any residential premises with four or less units.
"Salvage"
means the controlled removal of construction or demolition debris/material from a permitted building, construction or demolition site for the purpose of recycling, reuse or storage for later recycling or reuse.
"Scavenge"
means the unauthorized removal of recyclable materials or solid waste without a permit under this chapter.
"Solid waste"
means solid and semisolid wastes, generated in or upon, related to the occupancy of, remaining in or emanating from residential premises or commercial premises, including garbage, trash, rubbish, ashes, industrial wastes, manure and animal carcasses. "Solid waste" shall not include liquid wastes or sewage, abandoned vehicles, hazardous waste, recyclable materials or compostable materials.
"Solid waste enterprise"
means any person regularly engaged in the business of providing solid waste, recyclable materials or compostable materials handling services.
"Yard trimmings"
means plant trimmings generated from the maintenance or alteration of public, commercial premises or residential premises landscapes, including, without limitation, grass cuttings, yard clippings, leaves, tree trimmings, pruning, brush and weeds.
(Ord. 1096 § 1, 2020)
A. 
No person shall throw, drop, leave, place, keep, accumulate or otherwise dispose of any refuse upon private property either with or without the intent to later remove the same from that place or premises, or upon any street, public right-of-way, sidewalk, gutter, stream or creek, or any public place or public property.
B. 
All persons shall separate their refuse according to its characterization as solid waste, compostable materials, or recyclable materials, and place each type refuse in a separate container designated for disposal of that type of refuse. No person may mix any type of refuse, or deposit refuse of one type in a collection container designated for refuse of another type except as otherwise provided in the chapter. This section does not prohibit any person from engaging in home composting.
(Ord. 1096 § 1, 2020)
A. 
The city shall authorize, permit, regulate and control the collection, removal and disposal of all refuse generated at all places or premises. For this purpose, the city may enter into a collection agreement with a solid waste enterprise.
B. 
Notwithstanding any permit issued by any other governmental agency authorizing the collection of any type of refuse, no person other than a person with a collection agreement, or its duly authorized agents, shall negotiate or contract for, undertake to receive, collect, remove, transport, or dispose of any type of refuse from within the city of La Verne for a fee, service charge or other consideration therefor, except as specifically provided herein.
C. 
No person shall interfere in any manner with the lawful operation of the collector or its duly authorized agents or subcontractors.
D. 
Except as otherwise provided in this chapter, each residential householder and commercial business owner shall utilize the services of the collector for the collection of refuse from the residential or commercial premises held or occupied by that owner or occupant and shall pay the fees for services as approved by the council. No residential householder or commercial business owner shall enter into an agreement with a solid waste enterprise for the collection of refuse except as otherwise provided in this chapter.
(Ord. 1096 § 1, 2020)
An owner, occupant or tenant of a place or premises may contract with the collector or its duly authorized agents or subcontractors, as provided in Section 13.28.070, but not otherwise, for special hauling services for the collection, removal and disposal of solid waste in excess of the regular services provided by the collector.
(Ord. 1096 § 1, 2020)
The city may provide in any written contract entered into pursuant to Section 13.28.040(A) that the collector may designate, in writing, one or more agents or subcontractors who may collect, remove, and dispose of solid waste or construction and demolition waste as may be in excess of the regular collection made by the collector, subject to the limitations set forth in the collection agreement.
(Ord. 1096 § 1, 2020)
All persons owning or occupying any place or premises where solid waste is created, produced or accumulated shall subscribe and pay for this type of refuse service and shall subscribe and pay for a number of containers to hold all solid waste created, produced or accumulated at or on the place or premises during a one-week period, unless a different frequency for a collection schedule has been approved or directed pursuant to this chapter.
(Ord. 1096 § 1, 2020)
A. 
All persons owning or occupying any place or premises where recyclable materials are created, produced or accumulated shall subscribe and pay for this type of refuse services and shall subscribe and pay for a number of containers sufficient to hold all recyclable materials created, produced or accumulated at the place or premises during a one-week period, unless a different frequency collection schedule has been approved or directed pursuant to this chapter.
B. 
Recyclable materials placed for collection in or outside of a container shall become the property of the collector at the time of placement at the curb or other designated location for collection in or outside of the container. The collector shall have the exclusive right to collect the recyclable materials, unless the collection agreement specifies a different arrangement.
C. 
The disposal of solid waste and compostable materials in containers designated for the collection of recyclable materials is prohibited. Recyclable materials that are placed in a recyclable materials container for collection by the collector must be free of solid waste and compostable materials.
(Ord. 1096 § 1, 2020)
A. 
All persons owning or occupying any place or premises where compostable materials are created, produced or accumulated shall subscribe and pay for this type of refuse services and shall subscribe and pay for a number of containers sufficient to hold all compostable materials created, produced or accumulated at the place or premises during a one-week period, unless a different frequency collection schedule has been approved or directed pursuant to this chapter.
B. 
Compostable materials placed for collection in a container shall become the property of the collector at the time of placement at the curb or other designated location for collection of the container.
C. 
All commercial premises, multifamily properties, and food establishments, at which solid waste refuse service is subscribed, shall subscribe and pay for a number of containers sufficient to hold compostable material created, produced or accumulated at or on the place or premises during a one-week period, unless a different frequency collection schedule has been approved or directed pursuant to this chapter.
D. 
The city may direct the collector to audit individual solid waste streams generated at commercial premises to determine the owner, occupant or tenant's compliance with this section.
(Ord. 1096 § 1, 2020)
A. 
No person subscribing to refuse service shall dispose or permit the disposal of solid waste in a container designated for the collection of recyclable materials or compostable materials. The person shall remove any solid waste deposited in the recyclable material and compostable materials containers before the collection of the recyclable materials and compostable containers occurring that week.
B. 
No person shall dispose of commercial grease or cooking oil in a compostable materials container.
(Ord. 1096 § 1, 2020)
A. 
The owner or manager of any multifamily property or commercial premises must provide a level of refuse service sufficient to contain the refuse generated during a one-week period by the owners, occupants, tenants, employees, contractors, and customers of the property or premises, or a minimum refuse service level of one-half cubic yard of refuse per dwelling unit per week, whichever is greater.
B. 
The owner or manager of any multifamily property or commercial premises must provide the number and type of containers at the property of premises sufficient to make the source separation of reuse convenient for the owners, occupants, tenants, employees, contractors, and customers of the property or commercial premises.
C. 
The three types of containers shall be appropriate in number and size with respect to the quantity of solid waste, compostable materials, and recyclable materials anticipated to be generated at the property or premises, and be placed as close together as practicable to provide equally convenient access to users.
D. 
The owner or manager of any multifamily property or commercial premises shall provide information or training for new occupants, tenants, employees and contractors, on the manner of source separation of solid waste, compostable materials, and recyclable materials.
E. 
The use of public solid waste, recycling or composting receptacles by any commercial premises is prohibited.
(Ord. 1096 § 1, 2020)
A. 
The promoter or coordinator of a special event held in La Verne must provide a level of refuse service sufficient to contain the refuse generated at the special event.
B. 
The promoter or coordinator shall provide containers at appropriate location at the special event to facilitate the source separation of solid waste, compostable materials, and recyclable materials by event employees, vendors, and attendees.
C. 
The three types of containers shall:
1. 
Be appropriate in number and size with respect to the quantity of solid waste, compostable materials, and recyclable materials anticipated to be generated at the special event.
2. 
Bear appropriate signage and be color coded. Blue or grey container for recyclable materials, green containers for compostable materials, and black containers for solid waste, to identify the type of refuse to be contained.
3. 
Be placed together as a waste station to provide equally convenient access to users.
D. 
The use of public solid waste, recycling, or composting receptacles at special events is prohibited. The promoter or coordinator shall remove or cover all public solid waste, recycling, or composting receptacles to prevent their use during the special event.
(Ord. 1096 § 1, 2020)
A. 
Residential Householder Exclusion. No provision of this chapter shall prevent a residential householder from collecting and disposing of occasional loads of solid waste generated at the residential premises, composting at home, or selling, donating or disposing of recyclable or compostable materials generated at the residential premises. The containers provided by the collector may not be used for activities authorized by this paragraph. Notwithstanding the foregoing, no residential householder shall employ or engage any solid waste enterprise, other than the collector to haul or transport solid waste, recyclable materials, or compostable materials to a disposal or processing facility. No residential householder may collect or dispose of solid waste generated at a location that is not the residential premises.
B. 
Gardener's Exclusion. No provision of this chapter shall bar a gardener, tree trimmer or other person engaged in a similar trade from collecting and disposing of yard trimmings not containing other solid waste whenever the collection and disposal are incidental to providing the gardening, tree trimming or similar services.
C. 
Commercial Source Separated Recycling Materials and Compostable Materials.
1. 
Commercial business owners shall retain the right to donate or sell recyclable materials and compostable materials to solid waste enterprises other than the collector for the collection of particular recyclable materials and compostable materials, so long as all recyclable materials and compostable materials collected are source separated single recyclable materials and compostable materials. Recyclable materials and compostable materials collected pursuant to this subsection shall be transported to a recyclable materials and compostable materials facility achieving a diversion rate of ninety percent and where not more than ten percent of the materials are disposed of in a landfill.
2. 
Commercial business owners shall demonstrate compliance with the provisions of this subsection by the last day in February for the previous calendar year. Compliance shall be demonstrated through submission of an accurate report to the appropriate staff member at City Hall.
3. 
The city may require any recycler, junk dealer or other enterprise engaged in the business of buying and marketing recyclable materials and compostable materials to provide the city with information pertaining to the collection and the amount of recyclable materials and compostable materials collected from within La Verne's territorial limits.
D. 
Collection of Source Separated Single Recyclable Materials. No provision of this chapter shall prevent a recycler, junk dealer or other enterprise engaged in the business of buying and marketing source separated single recyclable materials in the stream of commerce and which buys such materials for marketing and not for disposition in a landfill or transfer station (as defined in Public Resource Code Section 40200), from buying recyclable materials for monetary or other valuable consideration. A recycler, junk dealer or enterprise which buys recyclable materials shall not be prohibited from removing and transporting those materials to a destination for marketing in the stream of commerce.
E. 
Renovation, Rebuilding, Repairs. No provisions of this chapter shall prevent a commercial business owner from arranging for any worn, spent or defective equipment, or part thereof, used in the commercial 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 that commercial business owner. Any person engaged in the business of renovating, rebuilding, recharging, regenerating, or otherwise restoring or repairing the equipment or part thereof, is not prohibited from transporting the same from or returning it to the commercial business, or from removing, transporting or disposing of the equipment, or part thereof, replaced in connection with an equipment repair or service contract.
F. 
Document Destruction Service. No provisions of this chapter shall prevent any person engaged in the business of destroying or disposing of secret, confidential or sensitive documents from transporting or disposing of those documents, provided the transport and disposal of the documents are incidental to the document destruction or disposal service.
G. 
General Requirement. In all cases where the right to an exclusion pursuant to this section is exercised, disposal shall be made at a disposal or processing facility that meets all applicable regulatory requirements. Any disposal by a person exempted under this section shall not be relieved of any obligation or liability imposed by this chapter or any other ordinance, resolution, rule or regulation for the payment of the minimum solid waste, recyclable and compostable materials disposal rates imposed pursuant to this chapter or any other applicable rates and fees.
H. 
Space Limitations for Existing Structures. The city manager, in cases where space constraints are determined to exist, shall evaluate the feasibility of shared container usage by contiguous businesses or multifamily property structures. In no case shall the necessary level of service be reduced due to a lack of space.
I. 
Collection and Removal of Construction and Demolition Waste. A licensed construction or demolition company may remove construction and demolition waste from a jobsite using its own equipment and employees.
(Ord. 1096 § 1, 2020)
A. 
All types of refuse containers shall be kept in sanitary condition with the lids closed except whenever they are being loaded or unloaded.
B. 
Refuse containers suitable for residential and commercial places or premises shall be provided by the collector. Any container shall be of a size based upon the subscription service level requested by person responsible for the payment of charges therefor or as may be required by this chapter. Any container shall not be loaded with more than the quantity of materials that either can fit in the container with its lid closed or is in excess of the weight limit marked on the container, when the lid is closed.
C. 
Refuse containers shall be collected by the collector on the designated collection day whenever the containers are placed in a solid waste enclosure or at the authorized collection area. Collections may be made at another location upon approval of the city manager, based upon the subscription service level request.
(Ord. 1096 § 1, 2020)
A. 
The commercial business owners and residential householder shall maintain their containers at their places and premises and the area where the containers are located in good usable, clean and sanitary condition, and shall ensure the lids on the container are kept closed and shall ensure that there is no litter underneath or surrounding the containers. No refuse shall be placed outside of the container. Containers shall be maintained by the commercial business owners and residential householders in a manner that will prevent leakage, spillage and the emission of odors. Commercial premises sharing receptacles placed outside of retail areas, must also share equally in the responsibility of emptying the receptacles so that they do not overflow and maintaining the area around the receptacles so that it is free of loose litter.
B. 
The location or placement of containers at any place or premises shall be subject to the approval of the city manager. Every commercial business owner shall provide a location at the commercial premises for the containers they use.
C. 
The collector shall be responsible for the maintenance of the containers by keeping the containers in good sanitary condition (ordinary wear and tear excepted) and shall repaint the containers at a frequency as determined by the city manager.
D. 
Any container of a one cubic yard or greater in size shall be identified with the name and telephone number of the collector servicing the container. The container shall be identified by the type of material that can be deposited in the container.
E. 
No container shall be placed adjacent to or in a street or public right-of-way for collection service more than twenty-four hours prior to the normal collection time, and all containers so placed shall be removed from the street or right-of-way by noon on the day following collection.
(Ord. 1096 § 1, 2020; Ord. 24-1128, 7/1/2024)
A. 
Frequency of Refuse Collection. The collector or its duly authorized agents or subcontractors shall collect refuse from all residential premises and commercial premises within La Verne at least once a week, provided those premises establish and maintain their solid waste enclosure or authorized collection area. Any commercial premises that create larger volumes of refuse shall be provided with more frequent collection service as requested by the person responsible for the payment of charges.
B. 
Mandatory Adjustment of Service Level. Where the collector or its duly authorized agents identifies instances of overfilling of containers, the collector will document the overfilling and provide evidence to the commercial business owner or residential householder and the city manager. Where such evidence was presented and the collector documents another instance of overfilling within one year of such presentation, the collector is authorized to deliver the next larger-sized container to the service premises or to increase service frequency, and to adjust the service rate accordingly, upon approval by the city manager.
(Ord. 1096 § 1, 2020)
A. 
Collection from residential premises will occur on Monday. Collection from commercial/industrial premises may occur on Monday through Saturday.
B. 
Residential collection shall not begin prior to 6:00 a.m., and Commercial/Industrial collection will not begin prior to 5:30 a.m. where the Commercial/Industrial Premises is within five hundred feet of an occupied Residential Premises.
(Ord. 1096 § 1, 2020)
All types of refuse hauled by any person over public streets in La Verne shall be securely tied and covered during hauling in order to prevent litter and the leakage, spillage, blowing or dropping of refuse of any type on to public streets. No person shall allow any type of refuse to leak, spill, scatter, blow or drop from any vehicle operated on public streets within La Verne.
(Ord. 1096 § 1, 2020)
No person shall permit any type of refuse to accumulate at its place or premises for a period in excess of one calendar week, except the city manager may authorize a different frequency of collection, removal and disposal of refuse for compactors at commercial premises. This provision shall not be construed to prohibit any person from temporarily storing building materials at any place or premises during the period of active construction, reconstruction or repair of a building or structure thereon under a current valid building permit, storing wood in an orderly pile at the place or premises for household use, or retaining compostable materials for home composting purposes.
(Ord. 1096 § 1, 2020)
A. 
No person shall burn any refuse within La Verne at any time.
B. 
No person shall bury or dump any type of refuse within La Verne. For home composting purposes compostable materials may be buried on-site by the occupant of the residential place or premises.
(Ord. 1096 § 1, 2020)
No person shall deposit hazardous waste in a container, permit or allow hazardous waste to be deposited or discharged upon the surface of the ground on any premises, lot, building, or in any public street or alley.
(Ord. 1096 § 1, 2020)
A. 
No person shall tamper with, modify, scavenge from or deposit any type of refuse placed in any refuse container which is not provided for the use of that person, without the permission of the person responsible for the container and payment of the fees therefor under this chapter.
B. 
Except as otherwise provided in Sections 13.28.090 and 13.28.100, no person shall collect any type of refuse originating from any residential place or premises or any posted recycling center within La Verne.
(Ord. 1096 § 1, 2020)
Every person with residential premises or commercial premises within La Verne shall be liable for the payment of the refuse service rates, including any collection authorized by the city.
(Ord. 1096 § 1, 2020)
It is unlawful for any person having refuse collected and disposed of as herein provided, to willfully fail, neglect, or refuse after demand by the city or its collector, to pay for fees for services. The city and/or collector make seek payment for delinquent accounts by any legal means available. In addition to all other remedies available by law or established by this chapter, failure to pay after delinquency may result in suspension of service.
(Ord. 1096 § 1, 2020)
Violation of any provision of this chapter shall be subject to the provisions and penalties set forth in Title 1 of this code or Chapter 9.60, Administrative Citations.
(Ord. 1096 § 1, 2020)