[1]
Editor's note: Prior history: Ord. 1197 C.S., adopted in 1993; Ord. 1272 C.S., adopted in 2000; and Ord. 1317 C.S., adopted in 2004.
A. 
Violation of any provision of this chapter may constitute an infraction and may be grounds for issuance of a Notice of Violation and, except for the violation of prohibited container contaminants, assessment of an administrative citation and penalty by the City Manager or designated enforcement agency.
B. 
Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative citations and fines as contained in Chapter 1.12 shall govern the imposition, enforcement, collection, and review of administrative citations and fines issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter. Any section of this chapter may be enforced by the City of Martinez, or, if agreed to, by its designated enforcement agency.
(Ord. No. 1432 C.S., § I, 12/1/2021)
A. 
For the purposes of this Chapter, the following words and phrases shall have the meanings ascribed to them by this section:
1. 
Approved recycling collection program.
A recycling and organic waste collection program operated by an authorized recycler under a contract, franchise agreement, or license with the City.
2. 
Approved recycling container.
The bag, box, or other container supplied by or identified by the City or an authorized recycler as the container into which recyclable materials or organic waste shall be placed and which shall be located at the curb or other collection station.
3. 
Authorized collector.
Any person authorized under a contract or Franchise Agreement with the City to collect, transport, store, transfer or process refuse in the City whether such activities are done with or without compensation. The Authorized Collector may also be referred to in this Chapter as the Franchisee. Authorized Franchisee/collector shall not include or mean an individual hauling refuse from his/her own home for purposes of disposing of same at an established disposal area or recycling facility; provided, however, such refuse is not produced, created, or accumulated in the course of any business operations and the individual is not engaged in the business of handling, hauling, collecting, transporting, storing, transferring or processing refuse.
4. 
Authorized recycler.
The City or a person authorized by a City contract or license to collect recyclable materials and organic waste. The Franchised Collector is the Authorized Recycler.
5. 
Authorized disposal area.
A disposal area or areas identified and designated by the City for the disposal of solid waste.
6. 
Authorized solid waste container.
A receptacle for solid waste conforming to the specifications of this Chapter or to regulations as may from time to time be promulgated and adopted by the City pursuant to this Chapter.
7. 
Bulky waste.
Large items of solid waste such as appliances, furniture, large auto parts, trees, branches, stumps and other oversize wastes whose large size precludes or complicates their handling by normal collection, processing or disposal methods.
8. 
City manager.
The City Manager or their designee, which may include city employees.
9. 
Collection station.
An approved location at which solid waste, refuse, or recyclable material is placed in containers for collection by the City, the authorized collector, or an authorized recycler.
10. 
Compost operation.
A process whereby the biological decomposition of organic wastes is controlled so as to yield a safe and nuisance free product.
11. 
Curbside recycling collection program.
The City's curbside recycling program by which recyclables are picked up from single-family residences without payment of any redemption value to the property owner.
12. 
Donor.
The person taking recyclables to a recycling facility or the person placing recyclable material at the curb or other recycling collection station for scheduled collection.
13. 
Franchise agreement.
An agreement between the City and such person, firm or corporation collecting and delivering Solid Waste for disposal, recycling or processing originating in the City under an exclusive Franchise Agreement with the City. Franchise Agreement includes the agreement between Allied Waste Systems, Inc. and the City in effect on the effective date of this ordinance.
14. 
Franchised hauler or franchised collector.
Persons, firms or corporations collecting and delivering for disposal, recycling or processing Solid Waste originating in the City and doing so under a Franchise Agreement with the City.
15. 
Hazardous waste.
A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either:
a. 
Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness.
b. 
Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
16. 
Multi-family unit.
A dwelling which includes two or more individual living units and which receives communal refuse and/or recycling services.
17. 
Non-residential establishment.
A business, commercial, industrial and other types of premises other than single-family and multi-family residential and includes without limitation all commercial and industrial use classifications.
18. 
Organic waste.
Solid waste containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, lumber, wood, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Organic waste subject to collection in the approved recycling container shall be promulgated by the City Manager.
19. 
Place or premises.
Every dwelling house, dwelling unit, apartment house or multiple-dwelling building, trailer or mobile home park, store, restaurant, rooming house, hotel, motel, office building, department store, manufacturing, processing or assembling shop or plant, warehouse and every other place or premises where any person resides, or any business is carried on or conducted within the City.
20. 
Recyclable material.
Refuse material generated or collected at a place or premises, and in a condition such that it can be re-manufactured or reprocessed into usable materials or new products, which includes, but is limited to, unsoiled mixed paper, glass, aluminum, cardboard, chipboard (i.e. cereal and shoe boxes), newsprint, plastic food and beverage containers (labeled #1 through #7 or as so directed by the City Manager), tin/bimetal containers, E-waste peripherals (such as keyboards, mouse, and speakers), hardcover books, rigid plastics (such as toys, buckets, trays, and crates), plastic bags, scrap metal/aluminum, used motor oil, oil filters, automotive batteries, brick, stone, wood, soil, construction and demolition debris, asphalt or concrete in reusable condition, or such other materials designated by City Manager. Organic waste subject to collection in the approved recycling container shall be promulgated by the City Manager.
21. 
Recycle or recycling.
The process of separating and collection used materials which would otherwise become solid waste, for the purpose of reprocessing them to create new materials to be returned to the economic mainstream.
22. 
Recycling facility.
A center for the acceptance by donation, redemption, or purchase of recyclable materials from the public and includes the facilities regulated by Chapter 22.37.
23. 
Single family unit.
A dwelling which receives individual refuse and/or curbside recycling service.
24. 
Solid waste.
Except as provided in subdivision (b):
a. 
"Solid waste" has the same meaning as defined in Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, recyclable materials, organic waste, trash, 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 semisolid wastes, and other discarded solid and semisolid wastes, provided, however, that solid waste does not include recyclable material.
b. 
"Solid waste" does not include hazardous waste or low-level radioactive waste regulated under Chapter 7.6 (commencing with Sections 25800) of Division 20 of the California Health and Safety Code.
c. 
"Solid waste" does not include medical waste which is regulated pursuant to the Medical Waste Management Act Chapter 6.1 (commencing with Sections 25015) of Division 20 of the California Health and Safety Code, provided that the medical waste, whether treated or untreated, is not disposed of at a solid waste facility. Medical waste which has been treated and which is deemed to be solid waste shall be regulated pursuant to this Chapter.
25. 
Transfer or processing station.
Those facilities utilized to receive refuse, temporarily store, separate, convert, or otherwise process the materials in the refuse, or to transfer the refuse directly from smaller to larger vehicles for transport, and those facilities utilized for transformation.
(Ord. No. 1432 C.S., § I, 12/1/2021)
A. 
All solid waste, upon being removed by the authorized collector from the premises where produced and accumulated, shall become and be the property of the City unless otherwise provided in a contract, license, or franchise agreement.
B. 
Unless otherwise provided in an agreement, the City maintains the right to salvage recyclable materials placed in solid waste containers for collection by the authorized collector.
(Ord. No. 1432 C.S., § I, 12/1/2021)
A. 
The City Manager, or his/her designated representative, may adopt such rules and regulations as may be necessary for the proper administration and enforcement of this Chapter. Such regulations may include: (1) the required frequency of collection from various types of places and premises; (2) the types of special containers required for certain classes of solid waste; (3) the types of special containers required for certain classes of places and premises; and (4) the licensing of authorized collectors and recyclers.
B. 
Unless otherwise provided in an agreement, the City Manager or his/her designated representative shall resolve all disputes concerning the administration or enforcement of this Chapter. Any affected person who is dissatisfied with the determination of the City Manager may appeal the same to the City Council. Such appeal must be in writing and set forth the reasons for such appeal. The written appeal and the appeal fee, as set by City Council resolution, must be filed with the City Clerk within ten days after such decision. No alleged violation of this Chapter shall be permitted, or be continued, during the time any such appeal is pending.
(Ord. No. 1432 C.S., § I, 12/1/2021)
The City Manager or other duly authorized representative of the City, including the Franchised Collector, may cause all places or premises governed by this Chapter to be inspected from time to time to determine whether the provisions of this Chapter are complied with. Such inspections shall be conducted in accordance with the law.
(Ord. No. 1432 C.S., § I, 12/1/2021)
A. 
All solid waste shall be collected according to a schedule established by the City Manager or his/her designated representative, or as provided by license, contract, or Franchise Agreement between the Franchised Collector or recycler and the City.
B. 
It shall be unlawful for any person to handle, haul, collect, transport, store, transfer, process, accumulate, or dispose of solid waste in such a manner as to cause a nuisance.
(Ord. No. 1432 C.S., § I, 12/1/2021)
A. 
The City shall have the right to designate a disposal area or areas for the disposal of solid waste collected from within the City.
B. 
The City may designate one or more intermediary transfer or processing stations of its choice and direct any authorized collector to deposit collected solid waste in said facility.
(Ord. No. 1432 C.S., § I, 12/1/2021)
A. 
Except as authorized in this Chapter, it shall be unlawful for any person to:
1. 
Throw, bury, deposit, or cause to be thrown or deposited, any solid waste, or allow any collection of same to remain in or upon any public right-of-way, watercourse, waterway, levees or banks of watercourses or waterways, or upon any premises whatsoever other than in an approved disposal area or collection station or an authorized solid waste container or approved recycling container.
2. 
Throw, cast, place, sweep, or deposit anywhere within the City, any solid waste in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, parkway, or other public place, or onto any private premises within the City.
3. 
Deposit any solid waste in any City sewer or plumbing fixture or pipe connected thereto, except through a mechanical device (garbage disposal) which shreds or grinds solid waste material.
4. 
Burn solid waste within the City.
5. 
Deposit any household or business solid waste into street litter receptacles which the City may place and maintain, or authorize to be placed and maintained, at such locations as are deemed necessary for public convenience.
6. 
Deposit solid waste in a container belonging to another person, or provided for premises in which the person does not reside, except with the permission of the owner of the container or premises.
7. 
Deposit any solid waste in a receptacle or container specifically identified for the collection of recyclable materials.
8. 
Deposit in any solid waste container any hazardous waste, explosive, highly inflammable or otherwise hazardous material or substance.
B. 
The City may, by resolution or amendment of this Chapter, add other materials as being prohibited from deposit in solid waste containers to protect the public's health and safety and to achieve state mandated waste diversion goals.
(Ord. No. 1432 C.S., § I, 12/1/2021)
A. 
Solid waste may be fed to animals on the premises where such solid waste is produced, provided that the premises are always kept in a sanitary condition to the satisfaction of the City Manager or other authorized agent of the City; and provided further that the keeping and feeding of such animals shall at all times conform to the applicable ordinances and regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated.
B. 
Solid waste may be disposed and used in a compost operation, provided that such operation at all times conforms to the applicable ordinances and regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated.
(Ord. No. 1432 C.S., § I, 12/1/2021)
A. 
Except as otherwise provided by this Chapter, all occupied premises shall subscribe for solid waste collection service with the Franchised collector as herein specified, and for such service a charge shall be collected as per a schedule of rates as shall be set by resolution of the City Council.
B. 
If any person should fail to subscribe for the collection and disposal of solid waste or violate any other provision of this Chapter, said violation shall be an infraction and shall be presumed to be a nuisance upon the premises.
C. 
The authorized collector shall give written notice to the City Manager or his/her designated representative of the address of any occupied premise within the City which is not subscribing to the collection and disposal service provided by the authorized collector.
D. 
The owner of each occupied premise shall subscribe for solid waste disposal services within seven days of the occupancy of the premises. If the owner fails to subscribe for service, the authorized collector shall give the owner written notification that such service is required.
E. 
Nothing in this Chapter shall prohibit an occupant or owner of any occupied premises from regularly disposing of solid waste at an authorized disposal facility or transfer station, either personally or through the uncompensated services of another in compliance with Section 8.18.360 addition to subscription to solid waste collection service with the authorized collector.
(Ord. No. 1432 C.S., § I, 12/1/2021)
It is unlawful for any person having solid waste collected and disposed of as provided in this City to willfully fail, neglect, or refuse to pay to the Franchised collector the rate provided by agreement between the City and the Franchised collector, by ordinance (if required by law) or by resolution of the City Council to be paid for such service.
(Ord. No. 1432 C.S., § I, 12/1/2021)
The Franchised collector is responsible for the collection of any solid waste fee on behalf of the City and the collector. The Franchised collector may bill its customers in advance of service, but in no case more than two months in advance of service.
(Ord. No. 1432 C.S., § I, 12/1/2021)
A. 
Solid waste collection shall be six days per week, excluding Sundays, between the hours of 6:00 a.m. and 7:00 p.m. in residential and commercial districts, and in industrial districts by hours approved by the City Manager or his/her designated representative.
B. 
Solid waste will not be collected on legal holidays as approved by the City. The Franchised collector shall be required to provide collection during the week of the holiday and shall be required to provide customers with advance notice of any change to scheduling.
(Ord. No. 1432 C.S., § I, 12/1/2021)
A. 
Solid waste shall only be collected and transported by a Franchised collector unless otherwise specified in this Chapter.
B. 
The Franchised collector shall obtain a current license, contract, or Franchise Agreement, as determined by the City Council, authorizing the collector to handle, haul, collect, transport, store, transfer or process solid waste within the City, except as otherwise provided by state or federal law. Such license, contract, or franchise agreement may be revoked by the City Council for noncompliance with the provisions of said license, contract, or franchise agreement or for violations of the provisions of this Chapter or any pertinent federal, state or local law. The terms and conditions under which a Franchised collector is required to operate shall be specified in the applicable license, contract, and/or franchise, and shall be administered by the City Manager or his/her designated representative. Unless otherwise provided by agreement or by applicable law, the maximum rates, if any, for such collection and disposal operations shall be established by a resolution of the City Council.
C. 
It shall be unlawful for any person to handle, haul, collect, transport, store, transfer or process solid waste within the City, except as otherwise provided in this Chapter or, in the case of an emergency, as authorized by the City Council.
(Ord. No. 1432 C.S., § I, 12/1/2021)
A. 
No license, franchise or contract shall be required for a person:
1. 
Handling, hauling, or transporting solid waste from his/her own residence for purposes of disposing of same at an authorized disposal area or transfer station, provided, however, that such solid waste is not produced, created, or accumulated in the course of any business operations and the person is not engaged in the business of handling, hauling, collecting, transporting, storing, transferring or processing solid waste.
2. 
Transporting solid waste over the streets of the City, where all of such solid waste so transported originates or originated: (a) outside the limits of the City; or (b) landscape maintenance waste being transported to another location outside the City or to an authorized disposal area, compost operation, or transfer station.
(Ord. No. 1432 C.S., § I, 12/1/2021)
A. 
All vehicles, conveyances or containers used for handling, hauling, collecting, transporting, storing, transferring or processing solid waste within or through the City shall be:
1. 
Of such construction as to comply fully with all laws, rules and regulations of the State pertaining thereto;
2. 
Maintained in a clean and sanitary condition;
3. 
Uniformly painted;
4. 
Include the name and phone number of the authorized collector in letters not smaller than six inches high.
(Ord. No. 1432 C.S., § I, 12/1/2021)
A. 
The Franchised collector who conveys, handles, hauls, collects, transports, stores, transfers or processes solid waste within or through the City shall comply with the following requirements:
1. 
Solid waste shall be hauled in all-metal, watertight bodied motor trucks, of sufficient strength to withstand fire within, without endangering persons or property, and to prevent spillage, leakage or escape of noxious gases.
2. 
Each truck shall be equipped with covering drawn over the load as completed to full depth. Solid waste in the truck shall be completely covered between the point of collection and the point of disposal, and in a manner so that the contents do not sift through or fall upon the street and do not blow upon the street or adjacent property. Any spillage of materials shall be immediately cleaned up at the expense of the authorized collector.
3. 
The trucks shall be registered with the Department of Motor Vehicles and shall be kept in good repair.
4. 
In addition to the name and phone number of the authorized collector, each collection truck shall also include the truck number in letters not smaller than six inches high.
(Ord. No. 1432 C.S., § I, 12/1/2021)
It shall be unlawful for any person occupying any premises within the City, or any person owning, controlling, or maintaining any premises within the City where solid waste is created, produced, or accumulated upon such premises, to fail or neglect to procure a sufficient number of authorized solid waste containers provided by the Franchised collector, as specified in this section, for receiving and holding, without spillage, leakage, or escape of solids, liquids, or noxious gases, all solid waste, except as otherwise provided in this Chapter.
A. 
An authorized solid waste container for residential use shall:
1. 
Be fully enclosed.
2. 
Have a tight-fitting cover with handle.
3. 
Have two handles adequate for lifting, one located on each side of the container.
4. 
Be covered continuously except when being filled or emptied.
5. 
Be kept in a good, usable, and sanitary condition.
6. 
Not exceed 50 pounds in weight when filled for removal, except when special containers are furnished or approved by the authorized collector pursuant to regulations prescribed by the City.
7. 
Meet all specifications as to size, capacity and type which the City may from time to time prescribe by regulation or by City Council action.
B. 
An authorized solid waste container for multi-family units, and non-residential establishments and industrial uses shall:
1. 
Meet all specifications as to size, capacity and type which the City may from time to time prescribe by regulation or by City Council action.
2. 
Be kept in a good, usable and sanitary condition.
C. 
With the permission of the respective owner, persons residing in a multi-family dwelling complex and tenants of a non-residential establishment may share in the use of containers furnished or approved by the authorized collector pursuant to regulations prescribed by the City.
(Ord. No. 1432 C.S., § I, 12/1/2021)
A. 
No solid waste container, other than one owned by the City, shall be placed or kept in or on any public street, sidewalk, footpath or any public place whatsoever, or remain in public view from any public right-of-way. No person shall place a container so that either the sidewalk or street gutter is obstructed.
B. 
Authorized solid waste containers are permitted to be placed in public view and on a public street, sidewalk or footpath only during the 48-hour period commencing at 12:01 a.m. on the day preceding the day of scheduled pick-up and terminating at 12:01 a.m. on the day following such pick-up.
C. 
For curbside pick-up, the collection station shall be the street curb line adjacent to such premises and authorized solid waste containers shall be placed in that location by the occupant of such premises for collection by the authorized collector.
D. 
The number and location of collection stations for other than curbside collection shall be determined by the occupant of such premises, provided that the location shall be easily accessible to the authorized collector.
E. 
Each person who has a solid waste container shall keep the area where the container is located a clean, safe and sanitary condition.
(Ord. No. 1432 C.S., § I, 12/1/2021)