This chapter establishes methods by which the city of Lemon
Grove handles solid waste, including the separate handling of the
subcategories of recyclable materials and green waste to protect the
health of the community. The city council has the discretion to use
the city's own forces, private contractors or any combination of methods
to meet the purposes of this chapter to protect and enhance the environment
of the city of Lemon Grove for the benefit of its residents.
(Ord. 398 § 2, 2011)
For the purposes of this chapter, the words, terms and phrases
as defined in this section shall be construed as hereinafter set forth,
unless it is apparent from the context that a different meaning is
intended:
means the operation of gathering solid waste and transporting
the same to approved facilities for processing.
means any solid waste or debris generated as the result of
construction or demolition, including without limitation, discarded
packaging 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.
means any real property in the city in, on or from which
a building or structure is being fabricated, assembled, erected or
demolished, and which produces construction or demolition solid waste
which must be removed from the property, and requires the use of commercial
refuse containers.
mean any action by the city council, whether by franchise,
contract, license, permit, or otherwise, whereby the city itself,
or one or more other local agencies or solid waste enterprises, has
the exclusive right to provide solid waste handling services of any
class or type within all or any part of the territory of the city.
means a solid waste enterprise that holds a valid, unrevoked
and unexpired franchise agreement to handle solid waste pursuant to
this chapter.
means the subcategory of solid waste that includes leaves,
grass clippings, brush, branches and other forms of organic materials
generated from landscapes or gardens. Green waste is handled separately
from other solid waste.
means and includes waste defined as hazardous by Public Resources
Code Section 40101 as it now exists or may subsequently be amended,
namely, a waste or combination of wastes, which because of its quantity,
concentration, or physical, chemical or infectious characteristics,
may do either of the following: (1) cause or significantly contribute
to, an increase in mortality or an increase in serious irreversible,
or incapacitating reversible, illness; (2) 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 Environmental Protection Agency ("EPA") or other
agency of the United States Government, or 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.
means an individual, group of individuals, and/or any legal
entity recognized by the laws of the state.
means the reduction, separation and/or conversion of solid
waste.
means the subcategory of solid waste that is suitable for
recycling. The city council may, from time to time, designate certain
materials as recyclable.
means the process of collecting, sorting, cleansing, treating,
and/or reconstituting materials that would otherwise be landfilled,
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.
means all putrescible and non-putrescible 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, refuse, paper, rubbish, ashes, industrial
wastes, demolition and construction wastes, discarded home and industrial
appliances, manure, vegetable or animal solid or semisolid wastes,
and other solid and semisolid wastes, as defined in Public Resources
Code Section 49503, excluding liquid wastes and abandoned vehicles;
provided, however, that solid waste shall not include hazardous waste.
means any individual, partnership, joint venture, unincorporated
private organization, or private corporation regularly engaged in
the business of providing solid waste handling services.
means the collection, transportation, storage, transfer,
processing, recycling or disposal of solid waste for residential or
commercial customers.
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Nothing contained in this section shall be deemed to preclude
the city and any solid waste enterprise from incorporating definitions
into any franchise agreement relating to their respective contractual
rights and obligations which may differ from or augment those set
forth herein.
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(Ord. 398 § 2, 2011)
The city council is authorized and empowered to operate, maintain,
repair and manage a system and facilities for the handling of solid
waste within the city.
The city council is authorized to contract through the award
of an exclusive franchise agreement with any solid waste enterprise
for the handling of solid waste within the city, under such terms
and conditions as are contained in this chapter, and as may be prescribed
by the city council.
The city council may, by resolution or an approved franchise
agreement, place a limit on the rates franchisees may charge to residential
and commercial customers for the handling of solid waste. No franchisee
shall charge any rate or fee which is greater than the maximum rate
permitted by the city council.
The city council is authorized to contract for the removal of
solid waste, hazardous waste or other pollutants from streets and
public places to prevent or reduce the accumulation of such materials
that may enter the city of Lemon Grove or the Lemon Grove sanitation
district's stormwater system.
The city council shall have the authority to establish other
necessary rates, fees and charges by resolution for any other activities
established under this chapter performed by city or Lemon Grove sanitation
district forces.
(Ord. 398 § 2, 2011)
The city may at any time enter into an exclusive franchise agreement
with a solid waste enterprise. While any such agreement shall be in
force, the franchisee shall have the exclusive right to handle solid
waste from any premises which may be the subject of such exclusive
agreement. Franchise agreements shall contain the applicable franchise
fee established by the city council and the terms for its payment
on a regular basis.
No person other than those specified shall:
A.
Gather,
collect or remove any solid waste except as allowed by this chapter;
B.
Take
any solid waste from any container in which the same may be placed
for collection or removal;
C.
Interfere
with or disturb any such container, or remove any such container from
any location where the same is placed for collection or removal.
(Ord. 398 § 2, 2011)
A.
Except
as set forth in this chapter, all solid waste and recyclable materials
collected from residential or commercial premises for a fee, service
charge, or other consideration shall be collected by an authorized
collector.
B.
No
person, firm, corporation or solid waste enterprise, other than an
authorized collector, shall negotiate or contract for, undertake to
receive, collect or transport solid waste or recyclable materials
from within the city for a fee, service charge or other consideration
therefor, except as specifically provided herein.
C.
Except
as otherwise provided in this chapter, each residential owner and
commercial business owner shall utilize the services of the authorized
collector for the collection of solid waste and recyclable materials
from the residential or commercial premises held or occupied by such
owner and shall pay for such services the fees set by the authorized
collector. No residential or commercial business owner shall enter
into an agreement for solid waste handling services with any person,
firm, or corporation other than the authorized collector, except as
otherwise provided in this chapter.
D.
Nothing
in this chapter shall prevent a commercial business which has its
own recycling program for recyclable materials 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 program, and the recyclable materials included in such
program are excepted from any contract between the city and the authorized
collector.
E.
Nothing
in this chapter shall prevent a commercial business owner from selling
to a buyer, for a monetary or other valuable consideration, any source
separated recyclable materials, including without limitation, any
saleable scrap, discard, reject, by-product, ferrous or nonferrous
metal, worn-out or defective part, junk, pallet, packaging material,
paper or other similar item generated in, on or by a commercial premises
or business, and no longer useful to such commercial 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; provided, however, that
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
recyclable materials within the meaning of this section means recyclable
materials separated on the commercial 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.
F.
Nothing
in this chapter shall prevent residential households from selling
or disposing of recyclable materials generated in or on their residential
premises. No residential householder shall pay a fee to anyone to
collect such recyclable materials, or employ or engage any solid waste
enterprise, other than the authorized collector, to haul or transport
such materials to a transfer station or landfill.
G.
Notwithstanding subsection A of this section, and in addition to the authority granted by Section 13.24.060, nothing in this chapter shall prevent a commercial business owner or residential householder from, on a regular basis, collecting and disposing of solid waste generated in or on their premises, in lieu of availing themselves of the services of the authorized collector. No residential householder or commercial business owner shall employ or engage any solid waste enterprise, other than an authorized collector, to haul or transport such materials to a transfer station or landfill. Provided, however, that any residential householder or commercial business owner who, pursuant to this section seeks to on a regular basis collect and dispose of solid waste generated in or on their premises, must first obtain a self-haul permit from the city.
(Ord. 398 § 2, 2011)
A.
For
solid waste generated on their residential premises, no provision
of this chapter shall prevent households from hauling occasional loads
of solid waste to a legal point of disposal, or from composting green
waste or food waste, or from selling recyclable materials.
B.
No provision of this chapter shall prohibit employees of the city, or any employees of any governmental subdivision of the state, from handling solid waste in the regular course of their duties. Further, notwithstanding Section 13.24.030, the city may contract for the removal of solid waste, hazardous waste or other pollutants from streets and public places to prevent or reduce the accumulation of such materials that may enter the city of Lemon Grove or the Lemon Grove sanitation district's stormwater system.
C.
No
provisions of this chapter shall prevent a gardener, tree trimmer
or person engaged in a similar trade from self-hauling green waste
not containing other solid waste when incidental to providing such
gardening, tree trimming or similar services.
D.
No provision of this chapter shall prevent a licensed contractor having a contract for the demolition or construction of a building, structure, pavement, or concrete installation from marketing any saleable items salvaged from such demolition or reconstruction, or from causing such salvageable items or demolition waste to be removed and transported from the premises on which such waste is generated, pursuant to the provisions of the demolition or construction contract in accordance with the requirements of Chapter 13.32 of the Lemon Grove Municipal Code.
(Ord. 398 § 2, 2011)
The franchisee shall charge and collect compensation from the
customer for the services rendered. Such compensation shall not exceed
the maximum charges fixed in the franchise agreement with the city,
or as modified from time to time by resolution of the city council.
The franchisee may be compensated for the administrative costs of
collecting fees, rates or charges authorized by the city council on
behalf of the city.
(Ord. 398 § 2, 2011)
For unusual accumulations of solid waste, and for collection
in places not otherwise provided for in the franchise agreement, rates
may be charged as shall be agreed upon by the franchisee and the contracting
party.
(Ord. 398 § 2, 2011)
In all cases where a dispute arises as to the rate charged or
to be charged for any service provided for in this chapter, the matter
shall be referred to the city manager, who, upon due investigation
shall determine and fix such prices as he or she shall deem just and
equitable. The determination of the city manager shall be final and
conclusive.
(Ord. 398 § 2, 2011)
A.
The
collector shall maintain an office at some fixed location and shall
maintain a telephone at the office, listed in the Lemon Grove telephone
directory in the firm name by which it conducts business in the city
and on the city of Lemon Grove website, and shall at all times during
the hours between eight a.m. and five p.m. of each weekday, and between
nine a.m. and twelve p.m. on Saturday (if collecting solid waste in
the city on that day) have some person at the office to answer inquiries
and receive complaints. The telephone number shall be a toll free
number from all portions of the city. The collector shall provide
to the city an emergency telephone number that can be reached twenty-four
hours a day.
B.
The
collector shall maintain at its office a written log of all complaints
received. Such log shall contain the date of complaint, the complainant's
name, address and telephone number, the nature of the complaint, the
action taken or the reason for non-action, and the date such action
was taken. All inquiries and complaints shall be promptly answered
and dealt with to the satisfaction of the city. Such log of complaints
and other records pertaining to solid waste collection and disposal
shall be open to inspection by the city at all reasonable times. All
inquiries and complaints shall be promptly answered and dealt with
to the satisfaction of the city.
(Ord. 398 § 2, 2011)
Except for service authorized under Section 13.24.080, all solid waste shall be collected from businesses and residences and all other collection points at least once a week. No container shall be placed out at the curb or alley prior to four p.m. on the day prior to scheduled collection, and all containers shall be removed prior to noon on the day following collection.
(Ord. 398 § 2, 2011)
All solid waste shall be placed out for collection in containers
that are in good condition, clean and leak-proof. All solid waste
containers shall be provided by the city's designated solid waste
handler and shall be filled in accordance with the designated waste
handler's policy.
(Ord. 398 § 2, 2011)
No person shall bury any solid waste in any yard or open space
within the city. The burning of any solid waste is prohibited.
(Ord. 398 § 2, 2011)
When recyclable materials are placed in collection containers
or any designated pickup location, they shall become the property
of the city or its duly authorized agent. It is unlawful for any person
other than the city or its agent to move, remove, interfere with,
disturb, or tamper with said materials or their containers.
(Ord. 398 § 2, 2011)
A.
Every
collector shall attempt to improve its methods of collection, storage,
handling, processing and disposal of solid waste in order to provide
for reduction of solid waste, and reuse of recyclable materials.
B.
All
recyclable materials and solid waste placed for collection at any
residential premises or at any location designated by the city for
the collection of such recyclable materials or solid waste shall be
and become the property of the city or its authorized collector. No
person, unless specifically authorized in writing by the city, shall
collect or remove, or cause to be collected or removed, any such recyclable
or solid waste materials. Each such collection or removal in violation
of this provision shall constitute a separate and distinct offense
punishable as hereinafter provided.
C.
No
person, unless specifically authorized in writing by the city, shall
sell or donate to any other person any recyclable materials which
have been placed for collection at any residential premises.
(Ord. 398 § 2, 2011)
The violation of any provision of this chapter shall constitute an infraction and shall be punishable as provided in Section 1.12.010(G) or by administrative citation as provided in Chapter 1.24 of this code.
(Ord. 398 § 2, 2011)
