This chapter is adopted in accordance with Article XI, Section
7 of the California Constitution and California Public Resources Code
Section 40059 in order to protect public health, safety and well-being,
to control the spread of vectors and to limit sources of air pollution,
noise and traffic within the City.
(§ 1, Ord. 775, eff. September 10, 2004)
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this chapter.
Words and phrases not ascribed a meaning by this chapter shall have
the meanings ascribed by Division 30, Part I, Chapter 2 of the Public
Resources Code Sections 40105—40201, and the regulations of
the California Integrated Waste Management Board, if defined therein,
and if not, as defined in the Resource Conservation and Recovery Act,
42 U.S.C. Section 6901, et seq., and the regulations implementing
the Resource Conservation Recovery Act, as they may be amended from
time to time.
means the California Integrated Waste Management Act of 1989,
codified in part at Public Resources Code Sections 40000, et seq.,
as it may be amended from time to time.
has the same meaning as in 14 CCR Section 18982.2(a)(5) and
shall be used for the purpose of storage and collection of source
separated recyclable materials or source separated blue container
organic waste.
shall mean, without limitation, large and small household
appliances, furniture, carpets, mattresses, white goods, tires and
oversized yard waste such as tree trunks and large branches not larger
than two feet in diameter and four feet in length, discarded from
residential premises in the City.
means the State of California Code of Regulations. CCR references
in this chapter are preceded with a number that refers to the relevant
Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
means California's Department of Resources Recycling and
Recovery, which is the Department designated with responsibility for
developing, implementing, and enforcing SB 1383 regulations on cities
(and others).
shall mean the California Code of Regulations.
shall mean the Comprehensive Environmental Response, Compensation
and Liability Act as set forth at 42 U.S.C. Sections 9601 et seq.,
as amended.
means an incorporated municipality in the United States with
definite boundaries and legal powers set forth in a charter granted
by the state.
means the City Manager, county administrative official, chief
operating officer, executive director, or other executive in charge
or their authorized Designee(s) who is/are partially or wholly responsible
for enforcing the ordinance codified in this chapter.
shall mean the City Manager or designee.
shall mean City-owned receptacles located in public areas
for disposal of waste generated by the public, which meet the standards
of 14 CCR Section 17830, et seq.
shall mean the California Integrated Waste Management Board.
shall mean the act of collecting solid waste, at or near
the place of generation or accumulation or from any City street, by
the City or a franchisee who or which arranged with a responsible
person for collection of solid waste.
shall mean bins provided by the City or a franchisee, generally
having a volume of three cubic yards designed for the deposit of solid
waste, placed at commercial premises for collection of commercial
solid waste and charged at commercial rates. Commercial bins do not
include construction and demolition bins or residential solid waste
containers or roll-offs placed at residential premises.
means a firm, partnership, proprietorship, joint-stock company,
corporation, or association, whether for-profit or nonprofit, strip
mall, industrial facility, or a multi-family residential dwelling,
or as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family
residential dwelling that consists of fewer than five units is not
a commercial business for purposes of implementing this chapter.
includes a tier one or a tier two commercial edible food
generator as defined in this section or as otherwise defined in 14
CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition,
food recovery organizations and food recovery services are not commercial
edible food generators pursuant to 14 CCR Section 18982(a)(7).
shall mean all premises in the City, other than residential
premises, where solid wastes are generated or accumulated. Commercial
premises refers to location and not ownership. The term includes,
without limitation, stores; offices; federal, state, county and local
governmental institutions; schools; restaurants; hotels; motels; manufacturing,
processing or assembling shops or plants; hospitals; clinics; nursing
homes; convalescent centers; and dormitories.
shall mean all types of solid waste, including green waste
and recyclable solid waste, generated or accumulated at commercial
premises. Commercial solid waste does not include residential solid
waste or recyclable material, but includes solid waste generated by
multi-family residential units receiving commercial collection services.
means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in
combination, and the total amount of feedstock and compost on-site
at any one time does not exceed 100 cubic yards and 750 square feet,
as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined
by 14 CCR Section 18982(a)(8).
means a review of records by a City to determine compliance
with this chapter.
has the same meaning as in 14 CCR Section 17896.2(a)(4),
which stated, as of the effective date of the ordinance codified in
this chapter, that "compost" means the product resulting from the
controlled biological decomposition of organic solid wastes that are
source separated from the municipal solid waste stream, or which are
separated at a centralized facility.
means plastic materials that meet the ASTM D6400 standard
for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A)
or 18984.2(a)(1)(C).
shall mean all building, landscaping, remodeling, addition,
removal or destruction involving the disposal of recyclable solid
waste.
shall mean used or discarded construction materials removed
from any premises during the construction, renovation or razing of
a structure.
shall mean any commercial bin, residential solid waste container,
vessel, can or other receptacle used for the temporary accumulation,
collection and removal of solid waste, including recyclable solid
wastes and green waste.
means a container, regardless of color, that contains prohibited
container contaminants, or as otherwise defined in 14 CCR Section
18982(a)(55).
shall mean any person or entity holding, or required to hold,
a contractor's license of any type under the laws of the State of
California, or who performs any construction, demolition, remodeling
or landscaping service relating to buildings or accessory structures
in the City.
shall mean persons, including responsible persons, who obtain
collection services from the City or its franchisee.
means construction and demolition debris.
shall mean:
Discarded materials generally considered to be not water soluble
and non-hazardous in nature, including, without limitation, steel,
glass, brick, concrete, asphalt material, pipe, gypsum, wallboard
and lumber from the construction or destruction of a structure as
part of a construction or demolition project or from the renovation
of a structure and/or landscaping, and including rocks, soils, tree
remains, trees and other vegetative matter that normally results from
land clearing, landscaping and development operations for a construction
project;
Clean cardboard, paper, plastic, wood and metal scraps from
any construction and/or landscape project;
Non-construction and demolition debris wood scraps;
De minimis amounts of other non-hazardous wastes that are generated
at construction or demolition projects, provided such amounts are
consistent with best management practices of the industry.
as defined in 14 CCR Section 18982(14.5), means a solid waste
facility that accepts a source separated organic waste collection
stream as defined in 14 CCR Section 17402(a)(26.6) and complies with
one of the following:
The facility is a "transfer/processor," as defined in 14 CCR
Section 18815.2(a)(62), that is in compliance with the reporting requirements
of 14 CCR Section 18815.5(d), and meets or exceeds an annual average
source separated organic content recovery rate of 50% between January
1, 2022 and December 31, 2024 and 75% on and after January 1, 2025
as calculated pursuant to 14 CCR Section 18815.5(f) for organic waste
received from the source separated organic waste collection stream.
If a transfer/processor has an annual average source separated
organic content recovery rate lower than the rate required in subsection
1 of this definition for two consecutive reporting periods, or three
reporting periods within three years, the facility shall not qualify
as a "designated source separated organic waste facility."
The facility is a "composting operation" or "composting facility"
as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the
reports submitted under 14 CCR Section 18815.7 demonstrates that the
percent of the material removed for landfill disposal that is organic
waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2)
or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies
with the digestate handling requirements specified in 14 CCR Section
17896.5.
If the percent of the material removed for landfill disposal
that is organic waste is more than the percent specified in 14 CCR
Section 17409.5.8(c)(2) or 17409.5.8(c)(3), for two consecutive reporting
periods, or three reporting periods within three years, the facility
shall not qualify as a "designated source separated organic waste
facility." For the purposes of this chapter, the reporting periods
shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).
means an entity that a City contracts with or otherwise arranges
to carry out any of the City's responsibilities of this chapter as
authorized in 14 CCR Section 18981.2. A designee may be a government
entity, a hauler, a private entity, or a combination of those entities.
shall mean roll-off bins.
means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
shall have the same meaning as 22 CCR Section 66273.9 for
consumer electronic devices that exhibit the characteristic of toxicity.
means an action of the City to address non-compliance with
this chapter, including, but not limited to, issuing administrative
citations, fines, penalties, or using other remedies.
means hazardous substance, hazardous waste, infectious waste,
designated waste, volatile, corrosive, medical waste, infectious,
regulated radioactive waste, and toxic substances or material that
facility operator(s), which receive materials from the City and its
generators, reasonably believe(s) would, as a result of or upon acceptance,
transfer, processing, or disposal, be a violation of local, state,
or federal law, regulation, or ordinance, including: land use restrictions
or conditions, waste that cannot be disposed of in Class III landfills
or accepted at the facility by permit conditions, waste that in the
City's, or its designee's reasonable opinion would present a significant
risk to human health or the environment, cause a nuisance or otherwise
create or expose City, or its designee, to potential liability; but
not including de minimis volumes or concentrations of waste of a type
and amount normally found in single-family or multi-family solid waste
after implementation of programs for the safe collection, processing,
recycling, treatment, and disposal of batteries and paint in compliance
with Sections 41500 and 41802 of the California Public Resources Code.
"Food distributor" means a company that distributes food to entities,
including, but not limited to, supermarkets and grocery stores, or
as otherwise defined in 14 CCR Section 18982(a)(22).
has the same meaning as in Section 113789 of the Health and
Safety Code.
means actions to collect and distribute food for human consumption
that otherwise would be disposed, or as otherwise defined in 14 CCR
Section 18982(a)(24).
means an entity that engages in the collection or receipt
of edible food from commercial edible food generators and distributes
that edible food to the public for food recovery either directly or
through other entities or as otherwise defined in 14 CCR Section 18982(a)(25),
including, but not limited to:
A food bank as defined in Section 113783 of the Health and Safety
Code;
A nonprofit charitable organization as defined in Section 113841
of the Health and Safety Code; and
A nonprofit charitable temporary food facility as defined in
Section 113842 of the Health and Safety Code.
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A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.
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means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
means all food such as, but not limited to, fruits, vegetables,
meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread,
cheese, and eggshells. Food scraps excludes fats, oils, and grease
when such materials are source separated from other food scraps.
means an entity primarily engaged in providing food services
to institutional, governmental, commercial, or industrial locations
of others based on contractual arrangements with these types of organizations,
or as otherwise defined in 14 CCR Section 18982(a)(27).
is compostable paper material that has come in contact with
food or liquid, such as, but not limited to, compostable paper plates,
paper coffee cups, napkins, pizza boxes, and milk cartons.
means food scraps, and food-soiled paper.
shall mean a solid waste enterprise, as defined by California
Public Resources Code Section 40193, holding a valid solid waste franchise
issued pursuant to this chapter.
shall mean the fee or assessment imposed by the City on a
franchisee which was granted a solid waste franchise in accordance
with this chapter.
shall mean persons who possess a City business license or
permit for gardening and landscaping maintenance services for hire.
shall mean any person who or entity which produces solid
waste.
has the same meaning as in 14 CCR Section 18982.2(a)(28)
and shall be used for the purpose of storage and collection of gray/black
container waste.
means solid waste that is collected in a gray/black container
that is part of a three-container organic waste collection service
that prohibits the placement of organic waste in the gray/black container
as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise
defined in 14 CCR Section 17402(a)(6.5).
has the same meaning as in 14 CCR Section 18982.2(a)(29)
and shall be used for the purpose of storage and collection of source
separated green container organic waste.
also sometimes referred to as "yard waste," shall mean a
form of solid waste composed of leaves, grass clippings, brush, branches
and other forms of organic matter generated from landscapes and gardens,
separated from other forms of solid waste. Green waste includes trees
and bushes but does not include stumps or branches exceeding four
inches in diameter or four feet in length, dirt, palm fronds, yucca
or cactus.
shall mean a container, trash can, barrel or cart provided
by a customer or a franchisee used and intended for accumulation and
collection of green waste.
means a store primarily engaged in the retail sale of canned
food; dry goods; fresh fruits and vegetables; fresh meats, fish, and
poultry; and any area that is not separately owned within the store
where the food is prepared and served, including a bakery, deli, and
meat and seafood departments, or as otherwise defined in 14 CCR Section
18982(a)(30).
shall mean any and all revenue or compensation in any form
derived directly or indirectly by a franchisee, its affiliates, subsidiaries,
parents and any person or entity in which a franchisee has a financial
interest, from the collection, transportation, processing, disposal
and other services with respect to solid waste, including recyclable
solid wastes and green waste, collected within the City, in accordance
with generally accepted accounting principles, pursuant to a solid
waste franchise, permit or license. Gross revenues include, without
limitation, monthly customer fees for collection of solid waste, including
recyclable solid wastes, special pickup fees, commercial bin and drop
box rental and collection fees, fees for re-delivery of commercial
bins and drop boxes and revenue from the sale of recyclable solid
wastes, without subtracting franchise fees or any other cost of doing
business.
means the designated itinerary or sequence of stops for each
segment of the City's collection service area, or as otherwise defined
in 14 CCR Section 18982(a)(31.5).
shall mean any waste materials or mixture of wastes defined
as a "hazardous substance" or "hazardous waste" pursuant to RCRA and
CERCLA, or HSAA (as hereinafter defined), or as defined by the California
Integrated Waste Management Board. Hazardous waste may also include
electronic waste when it enters the waste stream. Where there is a
conflict in the definitions employed by two or more agencies having
jurisdiction over hazardous or solid waste, the term hazardous waste
will be construed to have the broader, more encompassing definition.
means a facility that is in compliance with the reporting
requirements of 14 CCR Section 18815.5(d) and meets or exceeds an
annual average mixed waste organic content recovery rate of 50% between
January 1, 2022 and December 31, 2024, and 75% after January 1, 2025,
as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste
received from the "mixed waste organic collection stream" as defined
in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR
Section 18982(a)(33).
shall mean the Carpenter-Presley-Tanner Hazardous Substance
Account Act as set forth in California Health and Safety Code Sections
25300, et seq., as amended.
means a site visit where a City reviews records, containers,
and an entity's collection, handling, recycling, or landfill disposal
of organic waste or edible food handling to determine if the entity
is complying with requirements set forth in this chapter, or as otherwise
defined in 14 CCR Section 18982(a)(35).
means an event, including, but not limited to, a sporting
event or a flea market, that charges an admission price, or is operated
by a local agency, and serves an average of more than 2,000 individuals
per day of operation of the event, at a location that includes, but
is not limited to, a public, nonprofit, or privately owned park, parking
lot, golf course, street system, or other open space when being used
for an event. If the definition in 14 CCR Section 18982(a)(38) differs
from this definition, the definition in 14 CCR Section 18982(a)(38)
shall apply to this chapter.
means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.
means a school district, charter school, or county office
of education that is not subject to the control of city or county
regulations related to solid waste, or as otherwise defined in 14
CCR Section 18982(a)(40).
shall mean a billing period not exceeding 30 days.
including apartments and condominiums (in which each unit
has separate cooking and bathing facilities) of two or more units
at which commercial bins, not residential solid waste containers,
are used for the temporary accumulation of solid waste. Multi-family
premises do not include hotels, motels, or other transient occupancy
facilities, which are considered commercial businesses.
includes, but is not limited to, paper that is coated in
a plastic material that will not breakdown in the composting process,
or as otherwise defined in 14 CCR Section 18982(a)(41).
means the following entities that are not subject to the
City's enforcement authority, or as otherwise defined in 14 CCR Section
18982(a)(42):
means non-putrescible and non-hazardous recyclable wastes,
including, but not limited to, bottles, cans, metals, plastics and
glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
means solid wastes containing material originated from living
organisms and their metabolic waste products, including, but not limited
to, food, green material, landscape and pruning waste, organic textiles
and carpets, lumber, wood, paper products, printing and writing paper,
manure, biosolids, digestate, and sludges or as otherwise defined
in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined
by 14 CCR Section 18982(a).
means a person or entity that is responsible for the initial
creation of organic waste, or as otherwise defined in 14 CCR Section
18982(a)(48).
include, but are not limited to, paper janitorial supplies,
cartons, wrapping, packaging, file folders, hanging files, corrugated
boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section
18982(a)(51).
include, but are not limited to, copy, xerographic, watermark,
cotton fiber, offset, forms, computer printout paper, white wove envelopes,
manila envelopes, book paper, note pads, writing tablets, newsprint,
and other uncoated writing papers, posters, index cards, calendars,
brochures, reports, magazines, and publications, or as otherwise defined
in 14 CCR Section 18982(a)(54).
for a three-container or three-plus-container collection
service (blue container, green container, and gray/black containers)
means the following: (1) discarded materials placed in the blue container
that are not identified as acceptable source separated recyclable
materials for the City's blue container; (2) discarded materials placed
in the green container that are not identified as acceptable source
separated green container organic waste for the City's green container;
(3) discarded materials placed in the gray/black container that are
acceptable source separated recyclable materials and/or source separated
green container organic wastes to be placed in City's green container
and/or blue container.
shall mean any City street, sidewalk, pedestrian path, bike
path or any other "public way," as defined by California Streets &
Highways Code Section 18609, and any successor statute.
shall mean the Resource Conservation and Recovery Act as
set forth at 42 U.S.C. Sections 6901, et seq., as amended.
means products made from California, landfill-diverted recovered
organic waste processed in a permitted or otherwise authorized facility,
or as otherwise defined in 14 CCR Section 18982(a)(60).
shall mean any item which has commercial value and which
is sold for compensation or donated to an entity other than a franchisee.
Recyclable materials are not part of the waste stream. Recyclable
materials lose their character as recyclable materials when placed
into the waste stream, thereby becoming solid waste subject to this
chapter.
shall mean a form of solid waste designated as a recyclable
solid waste by the City or a franchisee and which is separated by
a customer from non-recyclable solid waste. Recyclable solid waste
is a part of the solid waste stream which can be reused or processed
into a form suitable for reuse through reprocessing or remanufacture,
consistent with the requirements of the act. The term "recyclable
solid waste" includes both mixed recyclables which are separated from
other solid waste and source-separated single-category recyclable
solid waste. Recyclable solid waste does not include those potentially
recoverable items which are commingled with non-recyclable solid waste,
for example, commingled solid waste and potentially recyclable articles
or materials, or recyclable materials.
shall mean a container, trash can, barrel or cart provided
by a customer or a franchisee used and intended for accumulation and
collection of recyclable solid waste.
means paper products and printing and writing paper that
consists of at least 30%, by fiber weight, postconsumer fiber, or
as otherwise defined in 14 CCR Section 18982(a)(61).
means regional agency as defined in Public Resources Code
Section 40181.
means the use of the Internet of Things (IoT) and/or wireless
electronic devices to visualize the contents of blue containers, green
containers, and gray/black containers for purposes of identifying
the quantity of materials in containers (level of fill) and/or presence
of prohibited container contaminants.
includes single-family residences. The terms do not include
hotels, motels, rooming houses, hospitals, nursing homes, convalescent
centers, dormitories or barracks or other group living places, or
multi-family residential, using commercial bins for the temporary
accumulation and collection of solid waste. Residential or residential
premises refers to location and not ownership or an interest in property.
shall mean a container (a trash can, barrel or cart) provided
by a customer or a franchisee, used and intended for accumulating
and collecting residential solid waste. The term does not include
multi-family residential bins placed at multi-family units of two
or more units, nor those commercial bins used by commercial customers.
shall mean the person responsible for daily operations of
every residential or commercial premises located within the City's
jurisdiction, including, without limitation, the property owner.
means an establishment primarily engaged in the retail sale
of food and drinks for onpremises or immediate consumption, or as
otherwise defined in 14 CCR Section 18982(a)(64).
means a visual inspection of containers along a hauler route
for the purpose of determining container contamination, and may include
mechanical inspection methods such as the use of cameras, or as otherwise
defined in 14 CCR Section 18982(a)(65).
means Senate Bill 1383 of 2016 approved by the Governor on
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7,
and 39730.8 to the Health and Safety Code, and added Chapter 13.1
(commencing with Section 42652) to Part 3 of Division 30 of the Public
Resources Code, establishing methane emissions reduction targets in
a Statewide effort to reduce emissions of short-lived climate pollutants
as amended, supplemented, superseded, and replaced from time to time.
means a person, who hauls solid waste, organic waste or recyclable
material he or she has generated to another person. Self-hauler also
includes a person who back-hauls waste, or as otherwise defined in
14 CCR Section 18982(a)(66). Back-haul means generating and transporting
organic waste to a destination owned and operated by the generator
using the generator's own employees and equipment, or as otherwise
defined in 14 CCR Section 18982(a)(66)(A).
means of, from, or pertaining to any residential premises
with fewer than five units.
shall mean all putrescible and non-putrescible solid, semi-solid
and liquid wastes, including garbage, trash, refuse, paper, rubbish,
ashes, industrial wastes, demolition and construction wastes, abandoned
vehicles and parts thereof, 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. "Solid waste"
does not include hazardous waste, as defined in Public Resources Code
Section 40141, radioactive waste regulated pursuant to the Radiation
Control Law (Chapter 8 [commencing with Section 114960] of Part 9
of Division 104 of the Health and Safety Code) and medical waste regulated
pursuant to the Medical Waste Management Act (Part 14 [commencing
with Section 117600] of Division 104 of the Health and Safety Code).
Medical waste that has been treated and deemed to be solid waste shall
be regulated pursuant to Division 30 of the Public Resources Code,
with the exception that solid waste does not include any of the following
wastes:
Hazardous waste, as defined in the State Public Resources Code
Section 40141.
Radioactive waste regulated pursuant to the State Radiation
Control Law (Chapter 8 (commencing with Section 114960) of Part 9
of Division 104 of the State Health and Safety Code).
Medical waste regulated pursuant to the State Medical Waste
Management Act (Part 14 (commencing with Section 117600) of Division
104 of the State Health and Safety Code). Untreated medical waste
shall not be disposed of in a solid waste landfill, as defined in
State Public Resources Code Section 40195.1. Medical waste that has
been treated and deemed to be solid waste shall be regulated pursuant
to Division 30 of the State Public Resources Code.
means materials, including commingled recyclable materials,
that have been separated or kept separate from the solid waste stream,
at the point of generation, for the purpose of additional sorting
or processing those materials for recycling or reuse in order to return
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, or as otherwise defined in
14 CCR Section 17402.5(b)(4). For the purposes of the chapter, source
separated shall include separation of materials by the generator,
property owner, property owner's employee, property manager, or property
manager's employee into different containers for the purpose of collection
such that source separated materials are separated from gray/black
container waste or other solid waste for the purposes of collection
and processing.
means source separated organic wastes that can be placed
in a blue container that is limited to the collection of those organic
wastes and non-organic recyclables as defined in Section 18982(a)(43),
or as otherwise defined by Section 17402(a)(18.7).
means source separated organic waste that can be placed in
a green container that is specifically intended for the separate collection
of organic waste by the generator, excluding source separated blue
container organic waste, carpets, non-compostable paper, and textiles.
means source separated non-organic recyclables and source
separated blue container organic waste.
means the State of California.
means a full-line, self-service retail store with gross annual
sales of two million dollars ($2,000,000), or more, and which sells
a line of dry grocery, canned goods, or nonfood items and some perishable
items, or as otherwise defined in 14 CCR Section 18982(a)(71).
means a commercial edible food generator that is one of the
following:
means a commercial edible food generator that is one of the
following:
Restaurant with 250 or more seats, or a total facility size
equal to or greater than 5,000 square feet.
Hotel with an on-site food facility and 200 or more rooms.
Health facility with an on-site food facility and 100 or more
beds.
Large venue.
Large event.
A state agency with a cafeteria with 250 or more seats or total
cafeteria facility size equal to or greater than 5,000 square feet.
means a collection service that collects green waste and
yard waste that is placed in a pile or bagged for collection on the
street in front of a generator's house or place of business for collection
and transport to a facility that recovers source separated organic
waste, or as otherwise defined in 14 CCR Section 189852(a)(75).
means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables)
is received, shipped, stored, prepared for distribution to a retailer,
warehouse, distributor, or other destination, or as otherwise defined
in 14 CCR Section 189852(a)(76).
(§ 1, Ord. 775, eff. September 10, 2004, as amended by § 1, Ord. 789, eff. March 28, 2006, and § 2, Ord. 925, eff. January 1, 2022)
(a)
Unapproved containers. It is unlawful for any person to
keep solid waste in containers or commercial bins other than those
approved by the City or a franchisee.
(b)
Unlawful accumulation. It is unlawful for any person to
accumulate solid waste for more than seven consecutive days.
(c)
Unlawful storage. It is unlawful for any person to keep
upon any premises in the City any solid waste which is offensive,
obnoxious or unsanitary.
(d)
Unlawful use of containers. It is unlawful for any person,
other than the responsible person or a franchisee authorized by the
responsible person, to remove any container from the location where
the container was placed for storage or collection, or remove any
solid waste from any container, or move the container from the location
in which it was placed for storage or collection, or apply any paint
or markings (commonly known as "graffiti" or "tagging") to any solid
waste container without the container owner's prior written approval.
(e)
Unlawful bulky goods disposal. It is unlawful for any person
to place bulky goods adjacent to a street or public right-of-way without
first having made arrangements with the City or a franchisee for the
pickup of the bulky goods.
(f)
Unlawful disposal in civic litter container. It is unlawful
for any person to place or deposit institutional, commercial, industrial,
special or hazardous solid waste in any civic litter container.
(g)
Unlawful burning. It is unlawful for any person to burn
solid waste within the City, except in an approved incinerator or
transformation facility or other device for which a permit was issued
and which complies with all applicable permit and other regulations
of air pollution control authorities and provided any such act of
burning in all respects complies with all other law, rules and regulations.
(h)
Unlawful disposal. It is unlawful for any person to place
solid waste in, or otherwise use the solid waste or recyclable solid
waste or green waste containers of another, without the permission
of the other person.
(i)
Failure to clean is unlawful. It is unlawful for any person
transporting solid waste, including recyclable solid waste or green
waste within the City, to fail to immediately clean up, or arrange
for the immediate clean up, of any solid waste released, spilled or
dumped into the environment during removal or transport within the
City by such person.
(j)
Unlawful dumping prohibited. It is unlawful for any person
to dump, deposit, release, spill, leak, pump, pour, emit, empty, discharge,
inject, bury or dispose into the environment (including by abandonment
or discarding of barrels, containers and other closed receptacles
of solid or liquid waste of any kind whatsoever) any solid or liquid
waste upon any premises within the City, or to cause, suffer or permit
any solid or liquid waste to come to be located upon any premises
in the City, except in an authorized or permitted solid waste container
or at an authorized or permitted solid waste facility.
(k)
Solid waste facilities. It is unlawful for any person to construct or operate a solid waste management facility, including, without limitation, a materials recovery facility, solid waste transfer or processing station, composting facility, a buy-back or drop-off center, disposal facility or a recycling center without first satisfying all City requirements for land use, environmental and other approvals. For penalty, see Section 1-2.03 of this Code.
(§ 1, Ord. 775, eff. September 10, 2004)
The City Council may establish waste management collection categories,
including, without limitation, residential, multi-family residential,
commercial, industrial, special, special event, household hazardous
waste, recyclable solid waste, green waste and others, and may make
or impose solid waste franchise, license, contract or permit requirements
which vary for the categories.
(§ 1, Ord. 775, eff. September 10, 2004)
Responsible persons must arrange with the City or a franchisee for solid waste collection services as set forth in this chapter except that responsible persons may instead self-haul solid waste generated or accumulated on premises of which they are in charge after first obtaining a self-haul permit from the City pursuant to this chapter. The City may provide or arrange with a franchisee for the provision of street sweeping services to prevent solid waste from accumulating in City streets. For penalty, see Section 1-2.03 of this Code.
(§ 1, Ord. 775, eff. September 10, 2004, as amended by § 2, Ord. 789, eff. March 28, 2006)
(a)
Responsible
persons must keep in a suitable place one or more containers capable
of holding, without spilling, leaking or emitting odors, all solid
waste that would ordinarily accumulate on the premises between the
time of two successive collections.
(b)
Responsible
persons must deposit or cause to be deposited in containers or commercial
bins provided or approved by the City or a franchisee all solid waste
generated or accumulated on those premises.
(c)
It
is unlawful for any person to place ashes which are not cold and free
from fire in any container.
(§ 1, Ord. 775, eff. September 10, 2004)
(a)
It
is unlawful for any person to place for collection any solid waste
container or commercial bin not conforming with the solid waste container
or commercial bin designated by the City or franchisee.
(b)
It
is unlawful for any person to place a residential, recyclable or green
solid waste container adjacent to a street or public right-of-way
for collection if the container and its contents weigh more than 50
pounds, unless automated collection is used.
(c)
It
is unlawful for any person to place a solid waste container or any
bulky goods adjacent to a street or public right-of-way for collection
service before 5:00 p.m. on the day preceding the regularly scheduled
collection day. Bulky goods may not be set out for collection unless
the responsible person made prior arrangements with the City or a
franchisee for pickup of the bulky goods.
(d)
During
the hours for collection, residential, recyclable or green solid waste
containers must be placed at the location designated by the franchisee
holding the residential solid waste franchise and be accessible for
mechanized pickup, if mechanized pickup methods are utilized by the
franchisee. Except during the time a container is placed for curbside
collection, residential, recyclable or green solid waste containers
must not be visible from the public right-of-way. Commercial bins
must be accessible to the franchisee providing solid waste services
at that location.
(e)
Solid
waste containers must be removed from any location adjacent to a street
or right-of-way not later than 8:00 p.m. on the day following the
regularly scheduled collection day.
(f)
No
solid waste container or bin may be stored in any front yard or side
yard that is visible from a public street.
(g)
A franchisee
which was notified by a commercial customer or the City that commercial
solid waste service is to be discontinued at a particular premises
must remove all of its commercial bins from the premises of the customer
who is discontinuing commercial solid waste service within one week
after receiving notification that service is to be discontinued.
(h)
No
franchisee may place a commercial bin at any location within the City
unless the bin is clearly marked with the name, address and telephone
number of the owner of the bin and the person responsible for collection
from the bin and the type of material which may be placed inside the
bin. The identification must be waterproof and legible.
(i)
Each
franchisee must maintain its commercial bins within the City in a
manner to protect public health and safety and prevent the spread
of vectors. Each franchisee must maintain its commercial bins in the
City free from any exterior paint or markings commonly referred to
as "graffiti" or "tagging." Graffiti must be removed within 24 hours
of finding or being notified that graffiti exists, and all paint or
labels must be replaced and/or repaired.
(j)
Each
franchisee must post each of its commercial bins in the City with
conspicuous notices on each side of the commercial bin that the commercial
bin is not to be used for the disposal of hazardous waste.
(k)
It
is unlawful to provide solid waste collection services within 100
feet of a school between 7:30 a.m. and 8:30 a.m. and 15 minutes before
and after school is scheduled to be dismissed.
(§ 1, Ord. 775, eff. September 10, 2004)
(a)
Responsible
persons must arrange to have all solid waste on the premises (other
than construction and demolition debris) collected and removed at
least once a week.
(b)
Each
franchisee must collect the contents of each commercial bin (except
construction and demolition bins) placed, located or maintained in
the City by that franchisee not less frequently than once per week.
(c)
Subject
to the requirements for minimum removals per week, responsible persons
for commercial premises may specify the frequency of collection of
solid waste from the premises and the size and number of commercial
or multi-family residential bins required.
(d)
In
order to protect residents' quiet enjoyment of their residential premises,
collection from residential premises, both single-family and multi-family,
may not be made between the hours of 6:00 p.m. and 7:00 a.m. of any
day. Collection from commercial premises at locations more than 600
feet from any residential zone and/or use within the City may not
be made between the hours of 6:00 p.m. and 6:00 a.m. Collection from
commercial premises at locations less than 600 feet from any residential
zone and/or use within the City may not be made between the hours
of 6:00 p.m. and 7:00 a.m. Subject to the foregoing requirements,
collections may be made by arrangement between the responsible person
for commercial premises and the franchisee.
(e)
Franchisees must design their routes and times for collection in a manner which minimizes air pollution, traffic, noise and wear and tear on public and private streets and other problems with the potential to adversely affect public health, safety or the environment. For penalty, see Section 1-2.03 of this Code.
(§ 1, Ord. 775, eff. September 10, 2004)
Customers may order special collections of such things as bulky waste and drop-off bins. The responsible person must make arrangements for the collection and disposal of bulky waste which has accumulated on the premises. For penalty, see Section 1-2.03 of this Code.
(§ 1, Ord. 775, eff. September 10, 2004)
(a)
Vehicles
used for collecting or transporting solid waste within the City must
be leakproof and equipped with a close-fitting cover which is affixed
in a manner that will prevent spilling, dropping or blowing of any
solid waste upon the public right-of-way during collection or transportation.
Equipment used for street sweeping must meet SCAQMD Rule 1186; street
sweeper operation must be in accordance with the equipment manufacturer's
operating manual to maximize debris cleanup; and sweeping practices
must meet EPA Rule PM-10 for dust control.
(§ 1, Ord. 775, eff. September 10, 2004, as amended by § 3, Ord. 789, eff. March 28, 2006)
It is unlawful for the noise level of collection vehicles during the stationary compaction process to exceed 75 dBA at a distance of 25 feet from the collection vehicle and at an elevation of five feet from the horizontal base of such vehicles. For penalty, see Section 1-2.03 of this Code.
(§ 1, Ord. 775, eff. September 10, 2004)
A self-haul permit is required to be obtained for the following
types of solid waste materials:
(a)
Green
waste removed from a premises by a gardening, landscaping or tree
trimming contractor as an incidental part of a total service offered
by that contractor rather than as a hauling service and tree trimmings,
clippings and all similar materials generated within the City which
are collected and transported to a disposal site or facility.
(b)
Construction/demolition
debris removed from a premises by a licensed demolition or construction
contractor using its own employees and equipment as an incidental
part of a total service offered by that contractor rather than as
a hauling service.
Self-haulers and gardeners must deposit solid waste and green waste only at lawfully permitted solid waste facilities or a compostable materials handling facility or a composting facility (as defined in 14 CCR Section 17852, as amended) or other site permitted (or exempt from permitting) by the CIWMB. Each self-hauler and each gardener must report to the City, at a frequency and in a manner determined by the City Manager, the type, quantity, volume, weight and destination of solid waste, including green waste and recyclable solid wastes, collected in the City and transported from the City, and present gate tickets or receipts to substantiate its disposal reports. Failure to submit required reports to the City is a basis for revocation of a "self-haul" permit. Self-hauling in lieu of regularly-scheduled solid waste collection service is strictly prohibited and subject to the penalty provisions under Section 1-2.03 of this Code.
(c)
Self-haulers
shall source separate all recyclable materials and organic waste (materials
that City otherwise requires generators to separate for collection
in the City's organics and recycling collection program) generated
on-site from solid waste in a manner consistent with 14 CCR Sections
18984.1 and 18984.2, or shall haul organic waste to a high diversion
organic waste processing facility as specified in 14 CCR Section 18984.3.
(d)
Self-haulers
shall haul their source separated recyclable materials to a facility
that recovers those materials; and haul their source separated green
container organic waste to a solid waste facility, operation, activity,
or property that processes or recovers source separated organic waste.
Alternatively, self-haulers may haul organic waste to a high diversion
organic waste processing facility.
(e)
Self-haulers
that are commercial businesses (including multi-family residential
dwellings) shall keep a record of the amount of organic waste delivered
to each solid waste facility, operation, activity, or property that
processes or recovers organic waste; this record shall be subject
to inspection by the City. The records shall include the following
information:
(1)
Delivery receipts and weight tickets from the entity accepting the
waste.
(2)
The amount of material in cubic yards or tons transported by the
generator to each entity.
(3)
If the material is transported to an entity that does not have scales
on-site, or employs scales incapable of weighing the self-hauler's
vehicle in a manner that allows it to determine the weight of materials
received, the self-hauler is not required to record the weight of
material but shall keep a record of the entities that received the
organic waste.
(§ 1, Ord. 775, eff. September 10, 2004, as amended by § 2, Ord. 925, eff. January 1, 2022)
Before collecting or transporting solid waste, including recyclable solid wastes or green waste, each self-hauler must obtain a self-haul permit from the City. Fees for such permit shall be set by resolution of the City Council. The City Manager is authorized to promulgate administrative policies and procedures for issuing the permits. For penalty, see Section 1-2.03 of this Code.
(§ 1, Ord. 775, eff. September 10, 2004)
(a)
Pursuant
to California Public Resources Code Section 41950(c), recyclable solid
waste and recyclable materials become the property of the authorized
recycling agent upon being placed at a designated recycling collection
location or in a recyclable solid waste container.
(b)
Recycling
or disposal of any recyclable solid waste which has become part of
the solid waste stream by having been discarded must be in accordance
with the provisions of this chapter.
(§ 1, Ord. 775, eff. September 10, 2004)
(a)
Until
solid waste is collected by the City or a franchisee, the responsible
person is responsible for cleaning up of solid waste generated, deposited,
released, spilled, leaked, pumped, poured, emitted, emptied, discharged,
injected, dumped or disposed into the environment, or which is located
outside an authorized container on, at or in the premises of which
the person is in charge. This cleanup responsibility includes the
cleanup of solid waste, including recyclable solid waste and green
waste which is located outside an authorized container notwithstanding
human or animal interference with commercial bins or containers, wind
or other natural forces and whether during storage, collection, removal
or transfer. For purposes of this section, the term "disposed into
the environment" includes, without limitation, abandoning or discarding
barrels, containers and other closed receptacles of solid or liquid
waste of any kind whatsoever.
(b)
Each
franchisee must clean up any solid waste spilled or otherwise released
or discharged into the environment during its collection, removal
or transfer. In addition, each franchisee shall clean up litter in
the immediate vicinity of any solid waste storage area (including
the areas where collection bins and drop-off boxes are delivered for
collection) whether or not such franchisee caused the litter.
For penalty, see Section 1-2.03 of this Code.
(§ 1, Ord. 775, eff. September 10, 2004)
(a)
Except
as otherwise provided, nothing in this chapter limits the right of
any person, organization or other entity to sell recyclable material
owned by that person, organization or other entity or to donate recyclable
material to a charity or any entity other than a franchisee.
(b)
Recyclable
material which is mixed with solid waste is considered to have been
discarded and to have become recyclable solid waste.
(c)
If
the seller or donor of recyclable material pays the buyer or the donee
any consideration for collecting, processing, recycling, transporting
or disposing of the recyclable material, or providing consultation
services which exceed the selling price of the recyclable material,
the transaction is not to be regarded as a sale or donation of recyclable
material, but as an arrangement for the disposal of solid waste and
is subject to this chapter.
(d)
A person
receiving a discount or reduction in the collection, disposal and/or
recycling service rates for unsegregated or segregated solid waste
is not to be deemed to be selling or donating recyclable material
and does not fall within this "donate or sell" exception.
(e)
Recyclable solid waste must be placed in recyclable solid waste containers and may not be contaminated with other forms of solid waste or with hazardous waste. It is unlawful for any person to mix recyclable solid waste with other forms of solid waste nor may recyclable solid waste be contaminated with any other substance. For penalty, see Section 1-2.03 of this Code.
(§ 1, Ord. 775, eff. September 10, 2004)
Green waste must be placed in containers designated for the collection of green waste or tied securely in bundles not exceeding 50 pounds and may not be contaminated with other forms of solid waste or with hazardous waste. It is unlawful for any person to mix green waste with other forms of solid waste, nor may green waste be contaminated with any other substance. For penalty, see Section 1-2.03 of this Code.
(§ 1, Ord. 775, eff. September 10, 2004)
(a)
Except
as otherwise provided by federal, state or local laws, this chapter
or other City Council authorized restrictions, all fees applicable
to this chapter will be established by City Council resolution.
(b)
Upon
a franchisee's request, the City Council may, but is not required
to, waive fees. Fees may be waived for franchisees collecting green
waste.
(§ 1, Ord. 775, eff. September 10, 2004)
The City may impose charges and fees, and set limits on the
charges and fees imposed by franchisees, for collecting, inspecting,
auditing, recycling, transferring and disposing solid waste and planning
for and responding to hazardous materials releases and spills. Rates
for charges and fees must be set by ordinance in accordance with California
Health and Safety Code Section 5471. The City's current monthly rate
charges are set forth in Exhibit "A" to the ordinance codified in
this chapter and are incorporated herein by reference as if set forth
herein in full.
(§ 1, Ord. 775, eff. September 10, 2004)
Pursuant to California Public Resources Code Sections 41900,
et seq., the City may levy fees upon franchisees and customers for
planning and program development and administration regarding solid
and household hazardous waste, recyclable solid wastes and/or green
waste planning, and for access to collection service, for collection
service, inspection, auditing, transfer and disposal and the planning
for and response to releases and spills of solid wastes which have
the characteristics of hazardous substances. The fees may include
charges for the use of disposal facilities and may include costs of
preparing and implementing source reduction and recycling elements,
household hazardous waste elements and integrated waste management
plans. The City may collect such charges by such means as determined
by City Council resolution or ordinance.
(§ 1, Ord. 775, eff. September 10, 2004)
By City Council resolution, the City may waive permit fees for
collectors of green wastes which transport such green wastes to a
compostable materials handling facility, a green material composting
facility or other site permitted (or exempt from permitting) by the
CIWMB and which report amounts delivered to the facilities to the
City.
(§ 1, Ord. 775, eff. September 10, 2004)
(a)
Customers
must pay the fees and charges imposed by this chapter on a monthly
basis.
(b)
Upon
delinquency, the City or, if applicable, its franchisee may give written
notice to the delinquent customer that the bill is now overdue and
payable in full and attempt to collect payment through all legal means.
(c)
If
billing is performed by the franchisee, the City is not responsible
for collecting any sums due to the franchisee in providing collection
services nor does the City guarantee or warrant payment to the franchisee
for collection services except the City will assist the franchisee
in placing an assessment against the property for the unpaid fees
in accordance with the provisions of this chapter.
(§ 1, Ord. 775, eff. September 10, 2004)
(a)
Every
customer and responsible person, including, without limitation, corporate
and government entities, is jointly and severally liable for fees
and charges of solid waste collection services. All charges, fees,
penalties and interest imposed pursuant to this chapter are civil
debts owed to the City (or, if applicable, the franchisee) by the
customer.
(b)
The
responsible person must arrange for collection, recycling and disposal
of solid wastes generated or accumulated on those premises in accordance
with the requirements of this chapter. The fees and charges (plus
any interest or penalties) are due and payable on the date stated
on the bill. The responsible person is liable for the payment of all
charges (plus any interest or penalties) for solid waste services,
including any recycling charges.
(c)
If
solid waste and recycling service fees and charges (and any applicable
interest or penalties) are not paid within 30 days of the date payment
was due, solid waste, including recycling, service may be discontinued
and collection of the unpaid amount may be undertaken by any lawful
means available to the City or to a franchisee providing solid waste
services.
(d)
Upon
receiving written notice from a responsible person to discontinue
solid waste collection services because the premises are vacant, the
franchisee providing solid waste service must refund any advance collection
fees.
(§ 1, Ord. 775, eff. September 10, 2004)
The City may initiate proceedings to make delinquent collection
service fees and charges a special assessment against properties owned
by a customer indebted to the City in accordance with California Health
and Safety Code Section 5470, et seq.
(§ 1, Ord. 775, eff. September 10, 2004)
All assessments remaining unpaid after 30 days from the date
of confirmation of the assessment by the City Council bear interest
at the rate of 7% per year from and after that date.
(§ 1, Ord. 775, eff. September 10, 2004)
Penalties may be imposed upon all delinquent and non-compliance
charges as follows:
(a)
Basic penalty. A basic penalty of 10% of total delinquent
charges may be imposed as of the date of the delinquency.
(b)
Additional penalties. An additional penalty of 10% may be
imposed on the total delinquent charges on each billing date upon
which the charges remain unpaid.
(c)
Non-compliance penalty. A penalty of 25% of the total charges
may be imposed on each billing date for failure to comply with the
City's mandatory recycling requirement as provided in this chapter.
(d)
Limit of penalty. The total penalty imposed may not exceed
100% of the total of any delinquent amount.
(§ 1, Ord. 775, eff. September 10, 2004)
Should a customer fail or refuse to pay the fee assessed for
the collection of solid waste, green waste and recyclable materials
in accordance with this chapter, the franchisee must notify the City
Manager of the refusal. Failure to pay may, except as otherwise stated,
result in the non-collection of solid waste, green waste and recyclable
materials, which condition the City Council may determine and may
declare to be a threat to the public health, safety and welfare, and
which condition may be declared to be, if permitted to exist, a public
nuisance. The franchisee will continue to collect solid waste, green
waste and recyclable materials when directed to do so by the City
Manager. In such cases, a franchisee may seek reimbursement from the
City and the City will recoup its costs from the responsible person.
(§ 1, Ord. 775, eff. September 10, 2004)
Where collection service is discontinued, service will not be
restored until all required payments (including, without limitation,
arrearages, penalties and service charges) are paid in full. The City
or franchisee may also require a customer to pay a deposit to guarantee
payment for future collection service in an amount determined by the
City Council.
(§ 1, Ord. 775, eff. September 10, 2004)
All fines, fees, penalties and interest imposed pursuant to
this chapter are civil debts owed to the City by the person fined.
In the event that judicial action is necessary to compel payment of
any debt owed to the City, the person or persons subject to the fine
are also liable for the costs of suit and attorney's fees incurred
by the City to collect the fine.
(§ 1, Ord. 775, eff. September 10, 2004)
It is unlawful for any person, other than a franchisee or the City, to collect residential or commercial solid waste or place a commercial bin for the accumulation of solid waste in the City. For penalty, see Section 1-2.03 of this Code.
(§ 1, Ord. 775, eff. September 10, 2004)
In emergencies where, in the judgment of the City Manager, the
particular situation justifies such action, the City Manager may issue
limited or temporary franchises to private persons or corporations
to perform any of the services covered by this chapter, subject to
such reasonable fees, charges and conditions as the circumstances
may warrant and as the parties involved may agree upon; provided,
that such fees and charges received from, or paid to, any private
persons or corporations under this section for any period exceeding
15 days' duration shall be approved by the City Council.
(§ 1, Ord. 775, eff. September 10, 2004)
The City Council may award an exclusive or one or more non-exclusive
solid waste franchises to one or more franchises for collecting, transferring,
recycling, composting, and disposing of solid wastes, including recyclable
solid wastes and/or green waste, from all or a portion of residential
premises in the City, commercial premises, and/or City streets. Nothing
in this chapter requires the City Council to award any solid waste
franchise and the City may collect solid wastes itself.
(§ 1, Ord. 775, eff. September 10, 2004, as amended by § 4, Ord. 789, eff. March 28, 2006)
A solid waste franchise may authorize collecting, transferring,
recycling, composting, and disposing of solid wastes, including recyclable
solid wastes and/or green waste, from all or a portion of residential
premises in the City, commercial premises and/or City streets as specified
by the franchise. A solid waste franchise does not authorize providing
any other service. A franchisee that wishes to provide other services
must apply for such authorizations as may be required and comply with
all local laws pertaining to the provision of the services.
(§ 1, Ord. 775, eff. September 10, 2004, as amended by § 5, Ord. 789, eff. March 28, 2006)
(a)
A solid
waste franchise may be either exclusive or non-exclusive. An exclusive
franchise does not explicitly or implicitly preclude the City from
granting other solid waste franchises or affect the City's right to
provide its own solid waste collection services.
(b)
All
privileges prescribed by a solid waste franchise are subordinate to
any prior lawful use and occupancy of public rights-of-way.
(c)
A solid
waste franchise is a privilege held in public trust and personal to
the original franchisee. A solid waste franchise cannot be validly
transferred without obtaining the City's prior written consent pursuant
to this chapter.
(§ 1, Ord. 775, eff. September 10, 2004)
(a)
Except
as specified in the solid waste franchise, the franchisee is subject
to all applicable laws.
(b)
The
City retains every right and power that it has under applicable laws.
(c)
Nothing
in any solid waste franchise may be construed to waive any of the
City's governmental rights or police powers.
(§ 1, Ord. 775, eff. September 10, 2004)
(a)
A franchisee
must guarantee a top quality of service by industry standards, i.e.,
competent, qualified, sober, identifiable and uniformed personnel
who serve the public in a courteous, helpful and impartial manner.
(b)
The
City may, at its option, require fingerprinting of the franchisee's
employees whose service will cause them to enter onto or work in close
proximity to private property.
(c)
Any
employee driving the franchisee's vehicles shall at all times have
in his or her possession a valid and appropriate vehicle operator's
license issued by the State of California.
(§ 1, Ord. 775, eff. September 10, 2004)
Any act permitted or required by a solid waste franchise or
applicable law must be performed at the franchisee's own expense,
unless expressly provided otherwise in the solid waste franchise or
applicable law.
(§ 1, Ord. 775, eff. September 10, 2004)
Solid waste franchises must be in writing, be approved by the
City Council and obligate the franchisee to the following:
(a)
To
comply with this chapter and all other applicable laws;
(b)
To
cooperate with the City in solid waste disposal characterization studies
or other waste stream audits;
(c)
To
submit information required by the City to meet the reporting requirements
of the Act and implement measures consistent with the City's source
reduction and recycling element in order for the City to reach the
diversion goals mandated by the Act, to the extent authorized by law;
and
(d)
To
comply with such additional terms and conditions as the City Council
may require in its sole discretion to protect public health, safety
and welfare.
(§ 1, Ord. 775, eff. September 10, 2004)
(a)
A franchisee
must pay the City a franchise fee in an amount equal to a percentage
of gross revenues as set forth in a solid waste franchise for the
privilege of operating a solid waste collection service within the
City.
(b)
Unless
otherwise specified in a solid waste franchise, a franchisee must
pay the franchise fee due to the City on a monthly basis. Payment
for each month will be made to the City not later than 15 days after
the end of each month.
(c)
The
City's acceptance of any franchise fee payment may not be construed
as an accord that the amount paid is in fact the correct amount, nor
will such acceptance of such franchise fee payment be construed as
a release of any claim the City may have for additional sums payable.
(d)
The
franchise fee is not a payment in lieu of any tax, fee or other assessment
of general applicability.
(§ 1, Ord. 775, eff. September 10, 2004)
Solid waste franchises must include a hold harmless provision
which will, in part, cause franchisees to indemnify the City, its
officers, employees, and agents, from any liability arising from the
franchisee's activities. The provision must be in a form approved
by the City Attorney's office and include protections from liability
under RCRA, CERCLA and HSAA.
(§ 1, Ord. 775, eff. September 10, 2004)
(a)
Franchisees
must obtain liability insurance from an insurance company licensed
to do business in the state of California and having a financial rating
in Best's Insurance Guide of not less than "A VII." The insurance
will provide "occurrence" coverage against liabilities for death,
personal injury or property damage arising out of or in any way connected
with the franchisee's activities. The insurance will be based upon
the nature of the franchisee's activities, the risks foreseeably involved
and will be in the amount prescribed by City Council resolution or
City policy. Insurance will name the City and the City's elected and
appointed officials, officers and employees as additional insureds
under the coverage afforded. In addition, such insurance will be primary
and non-contributing with respect to any other insurance available
to the City and will include a severability of interest (cross-liability)
clause.
(b)
A copy
of the policy or a certificate of insurance along with all necessary
endorsements, in a form approved by the City Attorney, must be filed
with the City Manager before a solid waste franchise becomes effective.
(§ 1, Ord. 775, eff. September 10, 2004)
(a)
Nothing
in this chapter waives the requirement for franchisees to obtain a
business license as mandated by this Code.
(b)
Every
franchisee claiming a right to continue to provide solid waste services
in the City pursuant to California Public Resources Code Sections
49520, et seq., or other law must pay any applicable business tax.
(§ 1, Ord. 775, eff. September 10, 2004)
(a)
Franchisees
claiming a right to continue to provide solid waste services in the
City pursuant to California Public Resources Code Sections 49520 et
seq., or other law, must adhere to the same standards for service
(including waste stream diversion goals), charge comparable rates
for service and pay the same franchise fee as those standards, rates
and franchise fees are specified in an exclusive solid waste franchise
entered into by the City with another franchisee.
(b)
In
accordance with California Public Resources Code Section 49521(b)
"rates that are comparable to those established by the local agency"
cannot vary more than 5% above or below those rates set in any exclusive
solid waste franchise entered into by the City and made applicable
to all continuation franchisees by this chapter.
(c)
If
a franchisee claiming a right to continue to provide solid waste handling
services in the City pursuant to California Public Resources Code
Sections 49520, et seq., or other law, fails to adhere to the same
material standards, charge comparable rates for service, pay business
taxes and pay franchise fees required by the City of other franchisees
with an exclusive solid waste franchise as provided in this chapter,
the franchisee will forfeit whatever, if any, continuation rights
it may have had. The following standards are deemed by the City to
be material: all insurance, bonding and indemnification requirements,
rates of service, franchise fee payment, business tax payment and
all service standards set in an exclusive solid waste franchise granted
by the City.
(d)
A business
license issued pursuant to this Code is not a solid waste franchise
and does not confer any continuation rights under California Public
Resources Code Sections 49520, et seq., or other law.
(§ 1, Ord. 775, eff. September 10, 2004)
Persons seeking to begin providing, or continuing to provide,
solid waste collection services, must file an application with the
City for:
(§ 1, Ord. 775, eff. September 10, 2004)
Applications will be in a form prescribed by the City Manager
and applicable law. A person or franchisee must file a signed application
with the City Manager. All applications accepted for filing are available
for public inspection unless otherwise provided by applicable law.
(§ 1, Ord. 775, eff. September 10, 2004)
Applications for an initial solid waste franchise or a renewal
of a solid waste franchise must contain all of the following:
(a)
The
names and addresses of the persons authorized to act on behalf of
the applicant with respect to the application;
(b)
The
name and address of the applicant and identification of the applicant's
ownership and control;
(c)
A demonstration
of the applicant's ability to provide solid waste collection services;
(d)
A demonstration
of the applicant's legal qualifications to provide solid waste collection
services;
(e)
A description
of the applicant's previous experience in providing solid waste collection
services;
(f)
Identification
of California cities and counties where the applicant holds a solid
waste franchise. If an applicant does not have a solid waste franchise
in California, it will provide the information for its operations
in other states;
(g)
Identification
of whether the applicant seeks to provide residential, commercial
or other solid waste services and what area of the City would be served
by the applicant;
(h)
Any
other information as may be reasonably necessary to demonstrate compliance
with the requirements of this Code or applicable law;
(i)
An
affidavit or declaration of the applicant or its authorized officer
certifying the truth and accuracy of the information in the application,
acknowledging the enforceability of application commitments and certifying
that the application meets all requirements of applicable law.
(§ 1, Ord. 775, eff. September 10, 2004)
Applicants seeking an initial solid waste franchise, renewal
of a solid waste franchise or approval of the transfer of a solid
waste franchise must pay to the City a sum of money equal to the sum
of money sufficient to reimburse the City for all expenses incurred
by it in connection with granting the franchise, renewing the franchise
or approving a transfer of the franchise pursuant to the provisions
of this Code including, without limitation, legal fees, administrative
costs and staff time. A franchise may establish the timing and procedures
for making the payments required by this section. Unless a franchise
provides otherwise, such payment must be made within 30 days after
the City furnishes the applicant with a written statement of the expenses.
(§ 1, Ord. 775, eff. September 10, 2004)
In order to be legally qualified to obtain an initial solid
waste franchise, renewal of a solid waste franchise or a transfer
of a solid waste franchise:
(a)
The
applicant must be willing to comply with the provisions of this Code,
applicable law and all requirements of a solid waste franchise.
(b)
The
applicant must not have had any solid waste franchise validly revoked
by any franchising authority within three years preceding the submission
of the application.
(c)
The
City will not grant a solid waste franchise if an applicant, during
the 10 years before submitting the application, was convicted of a
crime impugning its truthfulness and/or ability to abide with its
legal obligations.
(d)
The
City will not grant a solid waste franchise if the applicant files
materially misleading information in its application or intentionally
withholds, information that the applicant lawfully is required to
provide.
(e)
An
applicant that otherwise would not be qualified to hold a solid waste
franchise under this Code may include additional information demonstrating
to the City that the particular circumstances surrounding its act
or omission; the steps taken by the applicant to cure all harms flowing
therefrom and prevent their recurrence; the lack of involvement of
the applicant's principals; and/or the remoteness of the matter from
providing solid waste collection services would make it inappropriate
for the City to deny it a solid waste franchise.
(§ 1, Ord. 775, eff. September 10, 2004)
When evaluating an application, the City may consider the following
and such other matters as it is required or entitled to consider under
this Code or applicable law:
(a)
Whether
the applicant substantially complied with this chapter, applicable
law and the material terms of any existing City solid waste franchise;
(b)
Whether
the quality of the applicant's service under any existing City solid
waste franchise is reasonable in light of community needs and interests;
(c)
Whether
the applicant has the financial, technical and legal qualifications
to hold a solid waste franchise;
(d)
Whether
issuing a solid waste franchise is in the public interest considering
the immediate and future effect on public rights-of-way; and
(e)
Whether
approving the application would eliminate or reduce competition of
solid waste collection services.
(§ 1, Ord. 775, eff. September 10, 2004)
(a)
Before
deciding whether to grant a solid waste franchise, the City may hold
one or more public hearings or implement other procedures for obtaining
public input.
(b)
The
City also may grant or deny a solid waste franchise based on its review
of an application without further proceedings and may reject any application
that is incomplete.
(c)
If
the City finds that it is in the public interest to issue a solid
waste franchise, an ordinance will be adopted granting a solid waste
franchise to the applicant, and the applicant will be entitled to
exercise all of the franchise rights provided for therein upon its
acceptance of the terms and conditions of such ordinance in writing.
(§ 1, Ord. 775, eff. September 10, 2004)
(a)
Transfers
may not occur without the City's prior written approval. Transfers
without the City's prior written approval will be considered to impair
the City's assurance of due performance. The granting of approval
for a transfer in one instance will not render unnecessary approval
of any subsequent transfer.
(b)
Franchisees
must promptly notify the City of any proposed transfer. If any transfer
should take place without prior notice to the City, the franchisee
will promptly notify the City that such a transfer occurred.
(c)
At
least 120 calendar days before the contemplated effective date of
a transfer, the franchisee must submit an application to the City
to approve the transfer. The application must provide complete information
on the proposed transaction, including details on the legal, financial,
technical and other qualifications of the transferee.
(§ 1, Ord. 775, eff. September 10, 2004)
Any transfer without the City's prior written approval is ineffective
and will make a solid waste franchise subject to revocation and to
any other remedies available under this chapter.
(§ 1, Ord. 775, eff. September 10, 2004)
The City's prior consent is not necessary for:
(a)
Pledges
in trust or mortgages to secure the operational needs of the franchisee
to provide solid waste collection services.
(b)
A solid
waste franchise may allow transfers to a franchisee's affiliate where:
(1)
The transferor notifies the City of the transfer at least 60 days
before it occurs, describes the nature of the transfer and submits
complete information describing who will have direct and indirect
ownership and control of the solid waste franchise after the transfer;
(2)
The transferee warrants that it has read, accepts and agrees to be
bound by each and every term of the solid waste franchise and related
amendments, regulations, ordinances and resolutions then in effect;
(3)
The transferee agrees to assume all responsibility for all liabilities,
acts and omissions known and unknown of its predecessor franchisees
for all purposes, including renewal;
(4)
The transferee agrees that the transfer will not permit it to take
any position or exercise any right which could not have been exercised
by its predecessor franchisees;
(5)
Both the transferor and transferee warrant that the transfer will
not in any way adversely affect the City or customers (including by
increasing rates); and
(6)
The transferor notifies the City that the transfer is complete within
30 business days after the date the transfer is complete.
(§ 1, Ord. 775, eff. September 10, 2004)
Approval by the City of a transfer of a solid waste franchise
does not constitute a waiver or release of any of the rights of the
City under a solid waste franchise, this Code or other applicable
law, whether arising before or after the date of the transfer.
(§ 1, Ord. 775, eff. September 10, 2004)
(a)
The
City may inspect and copy at any time during normal business hours
at a franchisee's nearest office or at such location within the City
as the City may designate, all books and records reasonably necessary
to monitor compliance with the terms of this Code, a solid waste franchise,
the requirements of any applicable law or when reasonably necessary
for the exercise of any right or duty of the City under the same.
(b)
Each
franchisee is responsible for collecting the information and producing
it. For purposes of this chapter, the term "books and records" will
be read expansively to include information in whatever format stored,
including, without limitation, information stored in electronic form.
Financial books and records must be maintained in accordance with
generally accepted accounting principles.
(§ 1, Ord. 775, eff. September 10, 2004)
Franchisees will not deny the City access to books and records
on the basis that the books and records contain proprietary information;
however, all proprietary information received by the City from a franchisee
and clearly marked as such will be treated as follows:
(a)
The
City will notify franchisee if any third party seeks release of any
document marked confidential and the City determines that the document
cannot be protected consistent with California law and will withhold
release for the maximum period permitted by law so that the franchisee
has the opportunity to seek court protection against the release of
the requested documents.
(b)
The
City will notify a franchisee if it determines that the document can
be withheld pursuant to California law and that determination is appealed
to a court or agency of competent jurisdiction, so that franchisee
may intervene to defend the City's determination.
(§ 1, Ord. 775, eff. September 10, 2004)
If any books and records requested pursuant to this chapter
or a solid waste franchise are too voluminous, or for security reasons
or because the requested records contain trade secrets, cannot be
copied and moved, a franchisee may request that City inspection of
such records take place at some other location mutually agreed to
by the City and the franchisee, provided that:
(a)
The
franchisee must make necessary arrangements for copying documents
selected by the City after its review; and
(b)
The
franchisee must pay all reasonable travel and additional copying expenses
incurred by the City (above those that would have been incurred had
the documents been produced in the City) in inspecting those documents
or having those documents inspected by its designee.
(§ 1, Ord. 775, eff. September 10, 2004)
(a)
Any
solid waste franchise issued under this chapter is subject to revocation
or suspension for cause.
(b)
No
franchisee which engages in any act or conduct which falls in any
one or more of the following categories may collect solid waste in
the City:
(1)
The operations of the franchisee are contrary to the public health,
safety, well-being, peace, welfare or morals, or found to constitute
a public nuisance;
(2)
The franchisee violates any material federal or state law, regulation
of the CIWMB, a local enforcement agency, this Code or any material
condition of a solid waste franchise affecting public health and safety
in the City;
(3)
The franchisee practices, or attempts to practice, any fraud or deceit
upon the City, or makes or uses any false, fictitious or fraudulent
statements or representations, or practiced any fraud or deceit or
made any false, fictitious or fraudulent statements or representations
in connection with the issuance or renewal of the solid waste franchise;
(4)
The franchisee becomes insolvent, unable or unwilling to pay its
debts or a receiver or trustee is appointed to take over and conduct
the business of the franchisee whether in a receivership, reorganization
or bankruptcy proceeding;
(5)
The franchisee fails to provide or maintain in full force and effect
the workers' compensation, liability and indemnification coverages
or cash bond as required;
(6)
The franchisee violates any order or ruling of any regulatory body
with respect to solid waste collected within the City, except that
such order or ruling may be contested by appropriate proceedings conducted
in good faith, in which case no violation is deemed to have occurred
until a final decision adverse to the franchisee is entered; or
(7)
A franchisee claiming a right to continue to provide solid waste
services in the City pursuant to California Public Resources Code
Sections 49520, et seq., or other law fails to adhere to the same
material standards required by the City of other franchisees with
an exclusive solid waste franchise.
(§ 1, Ord. 775, eff. September 10, 2004)
(a)
If
the City determines that a franchisee's performance does not conform
with reasonable industry standards in Southern California or as required
by the Act, including, without limitation, requirements for implementing
diversion, source reduction and recycling, or any other applicable
federal, state or local law or regulation, including, without limitation,
the laws governing transfer, storage or disposal of solid and hazardous
waste, or this chapter, the City will advise the franchisee in writing
of such suspected deficiencies. In any written notification of deficiencies,
the City will set a reasonable time within which the franchisee is
to correct the deficiencies and respond. Unless otherwise specified,
a reasonable time for response and correction of deficiencies is 30
days from the receipt of such written notice by the franchisee.
(b)
At
the expiration of the time set for response from the franchisee, the
City will review the record, including any written response from the
franchisee to the notice of deficiencies and resolve the matter in
favor of the franchisee, or order remedial action to cure any breach,
and inform the franchisee in writing of the resolution. A decision
or order of the City is final and conclusive unless the franchisee
files a notice of appeal with the City Clerk (with copy to the City
Manager and City Attorney) within 20 days after receiving the City's
decision or order. A notice of appeal must state the legal basis and
all legal and factual contentions of the franchisee and include all
evidence, including affidavits, documents, photographs and videotapes.
A notice of appeal will not be accepted by the City Clerk for filing
unless accompanied by a notice of appeal filing fee in an amount to
be set by City Council resolution.
(c)
Within
30 business days after the City Clerk receives a notice of appeal,
the City Manager must decide the matter in a manner most favorable
to the franchisee, order remedial actions to cure any breach, terminate
the solid waste franchise, order the franchisee to cease operations
in the City or refer the matter to the City Council and inform the
franchisee, in writing, of the resolution and the basis for the resolution.
The decision or order of the City Manager is final and conclusive
unless the franchisee files a notice of appeal to the City Council
with the City Clerk (and serves a copy, by mail, on the City Manager
and the City Attorney) within 30 days after receiving the City Manager's
decision or order. A notice of appeal to the City Council must state
the legal basis and all factual and legal contentions of the appellant
and include all evidence, including affidavits, documents, photographs
and videotapes. A notice of appeal to the City Council will not be
accepted by the City Clerk for filing unless accompanied by a notice
of appeal filing fee in an amount set by City Council resolution.
(d)
If
a matter is referred by the City Manager to the City Council, or a
notice of appeal to the City Council is timely filed, the City Council
may set the matter for a public hearing and act on the matter or decline
to hear the matter. If the City Council elects to hear the matter,
the City Clerk will give written notice of the time and place of the
hearing. At the hearing, the City Council will consider the administrative
record, including the notice of deficiency, the franchisee's response,
the statement of resolution by the City Manager and the franchisee's
notice of appeal to the City Council and give the franchisee, or its
representatives and any other interested person, a reasonable opportunity
to be heard. The proceedings before the City Council will be an informal
administrative hearing and the rules of evidence, as generally applied
in judicial proceedings, are not applicable.
(e)
Based
on the administrative record, the City Council will determine by resolution
whether the decision or order of the City Manager should be upheld.
A tie vote of the City Council is regarded as upholding the action
of the City Manager. If, based upon the record, the City Council determines
that the performance of the franchisee is in breach of any material
provision of any applicable federal, state or local statute or regulation,
or other cause for termination of the solid waste franchise, or decides
to order the franchisee to cease operations in the City, the City
Council, in the exercise of its sole discretion, may order remedial
actions to cure the breach, or terminate forthwith the solid waste
franchise or order operations in the City to cease. The decision of
the City Council is final and conclusive.
(f)
Nothing
in this chapter precludes the City from exercising any other remedy,
including criminal prosecution or seeking equitable relief.
(§ 1, Ord. 775, eff. September 10, 2004)
Every structure planned for demolition must be prepared for
deconstruction, salvage and recovery before demolition. It is the
owner's, general contractor's, and each subcontractor's responsibility
to recover the maximum feasible amount of salvageable recyclable solid
waste before demolition. Recovered and salvaged recyclable solid waste
from the deconstruction phase must qualify to be counted in meeting
the diversion requirements of this chapter. Recovered or salvaged
materials may be given or sold on the premises or may be removed to
reuse the warehouse facilities for storage or sale. Title to recyclable
materials transfers to the transporter when materials leave the construction
site.
(§ 1, Ord. 775, eff. September 10, 2004)
(a)
It
is required that at least the following specified percentages of the
waste tonnage of demolition and construction debris generated from
every demolition, remodeling and construction project shall be diverted
from going to landfill by using recycling, reuse and diversion programs:
(§ 1, Ord. 775, eff. September 10, 2004)
Every applicant must submit a properly completed "recycling
and waste reduction form" prescribed by the Community Development
Department, to the City as a portion of the building or demolition
permit process. The form must contain an accurate estimate of the
tonnage or other specified units of construction and/or demolition
debris to be generated from construction and demolition on the site.
Approval of the form as complete and accurate is a condition precedent
to issuance of any building or demolition permit.
(§ 1, Ord. 775, eff. September 10, 2004)
Before the City issues any building or demolition permit involving
production of solid waste destined to be delivered to a landfill,
the applicant must post a cash deposit in an amount set by City Council
resolution, but not less than $5,000. The Director of Public Works
may waive the deposit required for smaller residential projects. The
deposit or cash bond will be returned, without interest, in total
or in proportion, upon proof to the satisfaction of the building official,
that not less than the required percentages or proven proportion of
those percentages of the tons of debris generated by the demolition
and/or construction project were diverted from landfills and were
recycled or reused. If a lesser percentage of tons or cubic yards
than required is diverted, a proportionate share of the deposit will
be returned. The deposit is entirely forfeited to the extent that
there is a failure to comply with the requirements of this chapter.
(§ 1, Ord. 775, eff. September 10, 2004)
Before the City issues any building or demolition permit involving
production of solid waste destined to be delivered to a landfill,
the applicant must pay the City a fee in an amount specified by resolution
sufficient to compensate the City for all expenses incurred in administering
the permit.
(§ 1, Ord. 775, eff. September 10, 2004)
During the term of the demolition or construction project, the
contractor must recycle or divert the required percentages of materials
and keep records thereof in tonnage or in other measurements approved
by the City that can be converted to tonnage. The City will evaluate
and monitor each project to gauge the percentage of materials recycled,
salvaged and disposed of from the project. The required diversion
of a minimum of the required percentages of the demolition and construction
debris will be measured separately with respect to the demolition
segment and the construction segment of a project where both demolition
and construction are involved. To the maximum extent feasible, on-site
separation of scrap wood and clean green waste in a designated debris
box or boxes must be arranged in order to allow chipping and mulching
for soil enhancement or land cover purposes. In order to protect chipping
and grinding machinery, metal and other materials which cannot be
chipped or ground must not be placed in such boxes. On-site separation
must be undertaken for wallboard to the extent feasible on new construction.
(§ 1, Ord. 775, eff. September 10, 2004)
Within 60 days after a construction or demolition project is
complete, the contractor must, as a condition precedent to final inspection
and for the City to issue a certificate of occupancy, submit documentation
to the City which show compliance with this chapter. The documentation
must include a final completed "recycling and waste reduction form"
showing actual data of tonnage of materials recycled and diverted,
supported by originals or certified photocopies of receipts and weight
tags or other records of measurement from recycling companies, deconstruction
contractors and/or landfill and disposal companies. Receipts and weight
tags will be used to verify whether materials generated from the site
have been or are to be recycled, reused, salvaged or otherwise disposed
of. If a project involves both demolition and construction, the report
and documentation for the demolition project must be submitted and
approved by the City before it issues a building permit for the construction
project. In the alternative, the permittee may submit a letter stating
that no waste or recyclable materials were generated from the project,
in which case this statement may be verified by the City. Any deposit
posted pursuant to this chapter will be forfeited if the permittee
does not meet the timely reporting requirements of this section.
(§ 1, Ord. 775, eff. September 10, 2004)
It shall be the duty of the Director of Public Works or his
or her designee to administer the provisions of this chapter and issue
such rules and regulations necessary for its implementation. All decisions
of the Director of Public Works in this regard are subject to appeal
to the City Council.
(§ 1, Ord. 775, eff. September 10, 2004)
(a)
In
addition to the remedies set forth in this chapter, violations of
this chapter or a solid waste franchise may be enforced as follows:
(1)
Prosecution as infractions or misdemeanors at the City Attorney's
discretion or as specified by this chapter;
(2)
Abated as public nuisances;
(3)
Enjoined as unfair business practices that are presumed to nominally
damage each and every resident of the community in which the franchisee
operates.
(b)
The
remedies provided by this chapter are cumulative and in addition to
any other criminal or civil remedies.
(§ 1, Ord. 775, eff. September 10, 2004)
In addition to any other general functions, powers and duties
given to the City Attorney by this Code or California law, the City
Attorney is authorized to:
(a)
Prosecute
on behalf of the people all criminal and civil cases for violations
of this chapter, including, without limitation, administrative or
judicial nuisance abatement and suits for injunctive relief;
(b)
Prosecute
all actions for the recovery of fines, penalties, forfeitures and
other money accruing to the City under this chapter.
(§ 1, Ord. 775, eff. September 10, 2004)
Nothing in this chapter limits the right of any franchisee to
bring a civil action against any person who violates California Public
Resources Code Sections 41950—41951, nor will a conviction for
a violation exempt any person from a civil action.
(§ 1, Ord. 775, eff. September 10, 2004)
Single-family organic waste generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in Sections 5-1.12 and 5-1.13 of the Code:
(a)
Shall subscribe to City's organic waste collection services for all organic waste generated as described below in subsection (b) of this section. The City shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust its service level for its collection services as requested by the City. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(b)
Shall
participate in the City's organic waste collection service(s) by placing
designated materials in designated containers as described below,
and shall not place prohibited container contaminants in collection
containers.
(1)
Generators shall place source separated green container organic waste,
except food waste, in the green container; source separated recyclable
materials in the blue container; and mixed waste, including food waste,
in the gray/black container. Generators shall not place materials
designated for the green containers or blue containers in the gray/black
containers.
(§ 2, Ord. 925, eff. January 1, 2022)
Generators that are commercial businesses, including multi-family
residential dwellings, shall:
(a)
Subscribe to City's three-container collection services and comply with requirements of those services as described below in subsection (b) of this section, except commercial businesses that meet the selfhauler requirements in Sections 5-1.12 and 5-1.13 of the Code. The City or its waste hauler shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the City.
(b)
Except commercial businesses that meet the self-hauler requirements in Sections 5-1.12 and 5-1.13 of the Code, participate in the City's organic waste collection service(s) by placing designated materials in designated containers as described below.
(1)
Generators shall place source separated green container organic waste,
except food waste, in the green container; source separated recyclable
materials in the blue container; and mixed waste, including food waste,
in the gray/black container. Generators shall not place materials
designated for the green containers or blue containers in the gray/black
containers.
(c)
Supply
and allow access to adequate number, size and location of collection
containers with sufficient labels or colors for employees, contractors,
tenants, and customers, consistent with City's blue container, green
container, and gray/black container collection service or, if self-hauling,
per the commercial business's instructions to support its compliance
with its self-haul program, in accordance with Section 95-1.12.
(d)
Excluding
multi-family residential dwellings, provide containers for the collection
of source separated green container organic waste and source separated
recyclable materials in all indoor and outdoor areas where disposal
containers are provided for customers, for materials generated by
that business. Such containers do not need to be provided in restrooms.
If a commercial business does not generate any of the materials that
would be collected in one type of container, then the business does
not have to provide that particular container in all areas where disposal
containers are provided for customers. Pursuant to 14 CCR Section
18984.9(b), the containers provided by the business shall have either:
(1)
A body or lid that conforms with the container colors provided through
the collection service provided by City, with either lids conforming
to the color requirements or bodies conforming to the color requirements
or both lids and bodies conforming to color requirements. A commercial
business is not required to replace functional containers, including
containers purchased prior to January 1, 2022, that do not comply
with the requirements of the subsection prior to the end of the useful
life of those containers, or prior to January 1, 2036, whichever comes
first.
(2)
Container labels that include language or graphic images, or both,
indicating the primary material accepted and the primary materials
prohibited in that container, or containers with imprinted text or
graphic images that indicate the primary materials accepted and primary
materials prohibited in the container. Pursuant 14 CCR Section 18984.8,
the container labeling requirements are required on new containers
commencing January 1, 2022.
(f)
To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the City's blue container, green container, and gray/black container collection service or, if self-hauling, per the commercial business's instructions to support its compliance with its self-haul program, in accordance with Sections 5-1.12 and 5-1.13 of the Code.
(g)
Excluding
multi-family residential dwellings, periodically inspect blue containers,
green containers, and gray/black containers for contamination and
inform employees if containers are contaminated and of the requirements
to keep contaminants out of those containers pursuant to 14 CCR Section
18984.9(b)(3).
(h)
Annually
provide information to employees, contractors, tenants, and customers
about organic waste recovery requirements and about proper sorting
of source separated green container organic waste and source separated
recyclable materials.
(i)
Provide
education information before or within 14 days of occupation of the
premises to new tenants that describes requirements to keep source
separated green container organic waste and source separated recyclable
materials separate from gray/black container waste (when applicable)
and the location of containers and the rules governing their use at
each property.
(j)
Provide or arrange access for City or its agent to their properties during all inspections conducted in accordance with Section 5-1.80 of the Code to confirm compliance with the requirements of this chapter.
(§ 2, Ord. 925, eff. January 1, 2022)
(a)
De minimis waivers. A City may waive a commercial business's obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in subsection (a)(2) below. Commercial businesses requesting a de minimis waiver shall:
(1)
Submit an application specifying the services that they are requesting
a waiver from and provide documentation as noted in subsection (a)(2)
below.
(2)
Provide documentation that either:
(A)
The commercial business's total solid waste collection service is
two cubic yards or more per week and organic waste subject to collection
in a blue container or green container comprises less than 20 gallons
per week per applicable container of the business's total waste; or
(B)
The commercial business's total solid waste collection service is
less than two cubic yards per week and organic waste subject to collection
in a blue container or green container comprises less than 10 gallons
per week per applicable container of the business's total waste.
(3)
Notify City if circumstances change such that commercial business's
organic waste exceeds threshold required for waiver, in which case
waiver will be rescinded.
(4)
Provide written verification of eligibility for de minimis waiver
every five years, if City has approved de minimis waiver.
(b)
Physical space waivers. City may waive a commercial business's
or property owner's obligations (including multi-family residential
dwellings) to comply with some or all of the recyclable materials
and/or organic waste collection service requirements if the City has
evidence from its own staff, a hauler, licensed architect, or licensed
engineer demonstrating that the premises lacks adequate space for
the collection containers required for compliance with the organic
waste collection requirements of this chapter.
A commercial business or property owner may request a physical
space waiver through the following process:
(1)
Submit an application form specifying the type(s) of collection services
for which they are requesting a compliance waiver.
(2)
Provide documentation that the premises lacks adequate space for
blue containers and/or green containers including documentation from
its hauler, licensed architect, or licensed engineer.
(3)
Provide written verification to the City that it is still eligible
for physical space waiver every five years, if the City has approved
application for a physical space waiver.
(c)
Collection frequency waiver. The City, at its discretion
and in accordance with 14 CCR Section 18984.11(a)(3), may allow the
owner or tenant of any residence, premises, business establishment
or industry that subscribes to the City's three-, three-plus, organic
waste collection service to arrange for the collection of their blue
container, gray/black container, or both once every 14 days, rather
than once per week.
(d)
Review and approval of waivers by City. Any waivers available
under this section shall be reviewed and approved by the Public Works
Director or their designee.
(§ 2, Ord. 925, eff. January 1, 2022)
(a)
Tier
one commercial edible food generators must comply with the requirements
of this section commencing January 1, 2022, and tier two commercial
edible food generators must comply commencing January 1, 2024, pursuant
to 14 CCR Section 18991.3.
(b)
Large
venue or large event operators not providing food services, but allowing
for food to be provided by others, shall require food facilities operating
at the large venue or large event to comply with the requirements
of this section, commencing January 1, 2024.
(c)
Commercial
edible food generators shall comply with the following requirements:
(1)
Arrange to recover the maximum amount of edible food that would otherwise
be disposed.
(2)
Contract with, or enter into a written agreement with food recovery
organizations or food recovery services for: (i) the collection of
edible food for food recovery; or (ii) acceptance of the edible food
that the commercial edible food generator self-hauls to the food recovery
organization for food recovery.
(3)
Shall not intentionally spoil edible food that is capable of being
recovered by a food recovery organization or a food recovery service.
(4)
Allow the City's designated enforcement entity or designated third
party enforcement entity to access the premises and review records
pursuant to 14 CCR Section 18991.4.
(5)
Keep records that include the following information, or as otherwise
specified in 14 CCR Section 18991.4:
(A)
A list of each food recovery service or organization that collects
or receives its edible food pursuant to a contract or written agreement
established under 14 CCR Section 18991.3(b).
(C)
A record of the following information for each of those food recovery
services or food recovery organizations:
(i)
The name, address and contact information of the food recovery service
or food recovery organization.
(ii)
The types of food that will be collected by or self-hauled to
the food recovery service or food recovery organization.
(iii)
The established frequency that food will be collected or self-hauled.
(iv)
The quantity of food, measured in pounds recovered per month,
collected or self-hauled to a food recovery service or food recovery
organization for food recovery.
(d)
Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(§ 2, Ord. 925, eff. January 1, 2022)
(a)
Food
recovery services collecting or receiving edible food directly from
commercial edible food generators, via a contract or written agreement
established under 14 CCR Section 18991.3(b), shall maintain the following
records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1)
The name, address, and contact information for each commercial edible
food generator from which the service collects edible food.
(2)
The quantity in pounds of edible food collected from each commercial
edible food generator per month. month.
(3)
The quantity in pounds of edible food transported to each food recovery
organization per month.
(4)
The name, address, and contact information for each food recovery
organization that the food recovery service transports edible food
to for food recovery.
(b)
Food
recovery organizations collecting or receiving edible food directly
from commercial edible food generators, via a contract or written
agreement established under 14 CCR Section 18991.3(b), shall maintain
the following records, or as otherwise specified by 14 CCR Section
18991.5(a)(2):
(1)
The name, address, and contact information for each commercial edible
food generator from which the organization receives edible food.
(2)
The quantity in pounds of edible food received from each commercial
edible food generator per month.
(3)
The name, address, and contact information for each food recovery
service that the organization receives edible food from for food recovery.
(c)
Food
recovery organizations and food recovery services shall inform generators
about California and Federal Good Samaritan Food Donation Act protection
in written communications, such as in their contract or agreement
established under 14 CCR Section 18991.3(b).
(d)
Food
recovery organizations and food recovery services that have their
primary address physically located in the City and contract with or
have written agreements with one or more commercial edible food generators
pursuant to 14 CCR Section 18991.3(b) shall report to the City it
is located in the total pounds of edible food recovered in the previous
calendar year from the tier one and tier two commercial edible food
generators they have established a contract or written agreement with
pursuant to 14 CCR Section 18991.3(b) no later than June 30, annually.
(e)
Food recovery capacity planning.
(1)
Food recovery services and food recovery organizations. In order to support edible food recovery capacity planning assessments
or other studies conducted by the County, City, and/or special district
that provides solid waste collection services, or its designated entity,
food recovery services and food recovery organizations operating in
the City shall provide information and consultation to the City, upon
request, regarding existing, or proposed new or expanded, food recovery
capacity that could be accessed by the City and its commercial edible
food generators. A food recovery service or food recovery organization
contacted by the City shall respond to such request for information
within 60 days, unless a shorter timeframe is otherwise specified
by the City.
(§ 2, Ord. 925, eff. January 1, 2022)
(a)
Requirements for haulers.
(1)
Franchised haulers and permitted haulers providing residential, commercial,
or industrial organic waste collection services to generators within
the City's boundaries shall meet the following requirements and standards
as a condition of approval of a contract, agreement, or other authorization
with the City to collect organic waste:
(2)
All haulers with authorization to collect organic waste shall comply
with education, equipment, signage, container labeling, container
color, contamination monitoring, reporting, and other requirements
contained within its franchise agreement, permit, license, or other
agreement entered into with City.
(b)
Requirements for facility operators and community composting operations.
(1)
Owners of facilities, operations, and activities that recover organic
waste, including, but not limited to, compost facilities, in-vessel
digestion facilities, and publicly-owned treatment works shall, upon
City request, provide information regarding available and potential
new or expanded capacity at their facilities, operations, and activities,
including information about throughput and permitted capacity necessary
for planning purposes. Entities contacted by the City shall respond
within 60 days.
(2)
Community composting operators, upon City request, shall provide
information to the City to support organic waste capacity planning,
including, but not limited to, an estimate of the amount of organic
waste anticipated to be handled at the community composting operation.
Entities contacted by the City shall respond within 60 days.
(§ 2, Ord. 925, eff. January 1, 2022)
(a)
Persons
applying for a permit from the City for new construction and building
additions and alternations shall comply with the requirements of this
Section and all required components of the California Green Building
Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if
its project is covered by the scope of CALGreen. If the requirements
of CALGreen are more stringent than the requirements of this section,
the CALGreen requirements shall apply.
(b)
For
projects covered by CALGreen, the applicants must, as a condition
of the City's permit approval, comply with the following:
(1)
Where five or more multi-family dwelling units are constructed on
a building site, provide readily accessible areas that serve occupants
of all buildings on the site and are identified for the storage and
collection of blue container and green container materials, consistent
with the three-, three-plus, or two-container collection program offered
by the City, or comply with provision of adequate space for recycling
for multi-family and commercial premises pursuant to Sections 4.408.1,
4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards
Code, 24 CCR, Part 11 as amended provided amended requirements are
more stringent than the CALGreen requirements for adequate recycling
space effective January 1, 2020.
(2)
New commercial construction or additions resulting in more than 30%
of the floor area shall provide readily accessible areas identified
for the storage and collection of blue container and green container
materials, consistent with the three-, or three-plus, collection program
offered by the City, or shall comply with provision of adequate space
for recycling for multi-family and commercial premises pursuant to
Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California
Green Building Standards Code, 24 CCR, Part 11 as amended provided
amended requirements are more stringent than the CALGreen requirements
for adequate recycling space effective January 1, 2020.
(3)
Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of organic waste in C&D from disposal. Comply with City's C&D ordinance, Section 5-1.61 of this Code, and all written and published City policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.
(§ 2, Ord. 925, eff. January 1, 2022)
(a)
Property
owners or their building or landscape designers, including anyone
requiring a building or planning permit, plan check, or landscape
design review from the City, who are constructing a new (single-family,
multi-family, public, institutional, or commercial) project with a
landscape area greater than 500 square feet, or rehabilitating an
existing landscape with a total landscape area greater than 2,500
square feet, shall comply with the City's adopted Model Water Efficient
Landscaping Ordinance (MWELO, Ordinance No. 872) requirements.
(b)
If, after the adoption of this chapter, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires cities to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.
(§ 2, Ord. 925, eff. January 1, 2022)
(a)
All
City departments must:
(1)
If fitness and quality of recycled-content paper products and recycled-content
printing and writing paper are equal to that of non-recycled items,
all departments and divisions of jurisdiction shall purchase recycled-content
paper products and recycled-content printing and writing paper (rather
than non-recycled items) that consists of at least 30%, by fiber weight,
postconsumer fiber, consistent with the requirements of the Public
Contract Code, Sections 22150 through 22154 and Sections 12200 and
12209, as amended.
(b)
All
vendors providing paper products and printing and writing paper shall:
(1)
If fitness and quality are equal, provide recycled-content paper
products and recycled-content printing and writing paper that consists
of at least 30%, by fiber weight, postconsumer fiber instead of nonrecycled
products whenever recycled paper products and printing and writing
paper are available at the same or lesser total cost than non-recycled
items.
(2)
Provide paper products and printing and writing paper that meet Federal
Trade Commission recyclability standard as defined in 16 Code of Federal
Regulations (CFR) Section 260.12.
(3)
Certify in writing, under penalty of perjury, the minimum percentage
of postconsumer material in the paper products and printing and writing
paper offered or sold to the City. This certification requirement
may be waived if the percentage of postconsumer material in the paper
products, printing and writing paper, or both can be verified by a
product label, catalog, invoice, or a manufacturer or vendor internet
website.
(4)
Certify in writing, on invoices or receipts provided, that the paper
products and printing and writing paper offered or sold to the City
is eligible to be labeled with an unqualified recyclable label as
defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).
(5)
Provide records to the City's recovered organic waste product procurement
recordkeeping designee, in accordance with the City's recycled-content
paper procurement policy(ies) of all paper products and printing and
writing paper purchases within 30 days of the purchase (both recycled-content
and nonrecycled content, if any is purchased) made by any division
or department or employee of the City. Records shall include a copy
(electronic or paper) of the invoice or other documentation of purchase,
written certifications as required in subsections (b)(3) and (b)(4)
of this section for recycled-content purchases, purchaser name, quantity
purchased, date purchased, and recycled content (including products
that contain none), and if non-recycled content paper products or
printing and writing papers are provided, include a description of
why recycled-content paper products or printing and writing papers
were not provided.
(§ 2, Ord. 925, eff. January 1, 2022)
(a)
City
representatives and/or its designated entity, including designees
are authorized to conduct inspections and investigations, at random
or otherwise, of any collection container, collection vehicle loads,
or transfer, processing, or disposal facility for materials collected
from generators, or source separated materials to confirm compliance
with this ordinance by organic waste generators, commercial businesses
(including multi-family residential dwellings), property owners, commercial
edible food generators, haulers, self-haulers, food recovery services,
and food recovery organizations, subject to applicable laws. This
section does not allow City to enter the interior of a private residential
property for inspection.
(b)
Regulated
entity shall provide or arrange for access during all inspections
(with the exception of residential property interiors) and shall cooperate
with the City's employee or its designated entity/designee during
such inspections and investigations. Such inspections and investigations
may include confirmation of proper placement of materials in containers,
edible food recovery activities, records, or any other requirement
of this ordinance described herein. Failure to provide or arrange
for: (1) access to an entity's premises; or (2) access to records
for any inspection or investigation is a violation of this chapter
and may result in penalties described.
(c)
Any
records obtained by a City during its inspections and other reviews
shall be subject to the requirements and applicable disclosure exemptions
of the Public Records Act as set forth in Government Code Section
6250 et seq.
(d)
City
representatives, its designated entity, and/or designee are authorized
to conduct any inspections or other investigations as reasonably necessary
to further the goals of this chapter, subject to applicable laws.
(e)
City
shall receive written complaints from persons regarding an entity
that may be potentially noncompliant with SB 1383 regulations, including
receipt of anonymous complaints.
(§ 2, Ord. 925, eff. January 1, 2022)
(a)
Violation of any provision of this chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine or penalty by the City. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines in Title 1, Chapter 6 are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter.
(b)
Other
remedies allowed by law may be used, including civil action or prosecution
as a misdemeanor or an infraction. The City may pursue civil actions
in the California courts to seek recovery of unpaid administrative
citations. The City may choose to delay court action until such time
as a sufficiently large number of violations, or cumulative size of
violations exist such that court action is a reasonable use of City
staff and resources.
(c)
Responsible entity for enforcement. Enforcement pursuant
to this chapter may be undertaken by the City.
(d)
Education period for noncompliance beginning January 1, 2022, and
through December 31, 2023. The City, or its designee, will
conduct inspections, remote monitoring, route reviews or waste evaluations,
and compliance reviews, depending upon the type of regulated entity,
to determine compliance, and if the City determines that organic waste
generator, self-hauler, hauler, tier one commercial edible food generator,
food recovery organization, food recovery service, or other entity
is not in compliance, the City, or its designee, shall provide educational
materials to the entity describing its obligations under this chapter
and a notice that compliance is required by January 1, 2022, and that
violations may be subject to administrative civil penalties from the
City starting on January 1, 2024.
(e)
Civil penalties for noncompliance. Beginning January 1,
2024, if the City determines that an organic waste generator, self-hauler,
hauler, tier one or tier two commercial edible food generator, food
recovery organization, food recovery service, or other entity is not
in compliance with this chapter, it shall document the noncompliance
or violation, issue a notice of violation, and take enforcement action,
as needed.
(§ 2, Ord. 925, eff. January 1, 2022)
The ordinance codified in this chapter shall be effective commencing
on January 1, 2022.
(§ 2, Ord. 925, eff. January 1, 2022)
