A. 
Purpose.
It is hereby understood the collection and disposal of refuse, organic and recyclable material is a matter which requires regulation by the city in such a manner as set forth in this chapter to protect the public health, safety, and welfare of the citizens of Bell Gardens. Unless otherwise specified by reference, the provisions set forth in this chapter shall be applicable to all solid waste franchises authorized by the city of Bell Gardens for the collection, disposal, and transportation of multifamily residential, commercial, industrial, and institutional solid waste.
B. 
State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their city to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
C. 
State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the state of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on commercial/multifamily establishments that generate a specified threshold amount of solid waste to arrange for recycling services and requires jurisdictions to implement a mandatory commercial recycling program.
D. 
State organics materials recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the state of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time), requires commercial/multifamily establishments that generate a specified threshold amount of refuse, recyclable materials, and organic materials per week to arrange for recycling services for that waste, requires jurisdictions to implement a recycling program to divert organic materials from commercial/multifamily establishments subject to the law, and requires jurisdictions to implement a mandatory commercial organic materials recycling program.
E. 
SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organic waste in landfills as a source of methane. The regulations place requirements on multiple entities including jurisdictions, residential households, commercial/multifamily establishments, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of the SB 1383 statewide organic waste disposal reduction targets.
F. 
SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 regulations. The city's municipal code will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption.
G. 
For the purpose of this chapter, certain words and phrases used in this chapter are defined as set forth below. Unless apparent from the content of a word or phrase, certain words not specifically set forth by this chapter shall have the meaning ascribed by Sections 40105 through 40201 of the Public Resources Code as may be amended from time to time.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
"AB 939"
shall mean the California Integrated Waste Management Act of 1989, as may be amended in Public Resources Code Section 4000 et seq., and implementing regulations of the California Department of Resources Recycling and Recovery (CalRecycle).
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
"Bin" or "container"
shall mean those containers, whether residential, multifamily residential, commercial, industrial, or institutional, provided for temporary accumulation and collection of solid waste from all premises located within the city. Bins include, but are not limited to, solid waste containers with capacity of at least one and one-half cubic yards, compactor devices, and roll-off service containers.
(Ord. 680 § 2, 1997; Ord. 760 § 3, 2002; Ord. 920 § 1, 2021)
"Bulky goods"
shall mean any discarded household furniture, furnishings or appliances, including white goods; automobile parts, including tires; rock or brick in reusable form; carpets; mattresses; large branches; trunks; stumps or limbs of trees in bundles exceeding 18 inches in diameter or four feet in length and other items of such size or weight of which precludes or may potentially complicate the handling of such material during the normal course of collection, processing, or disposal of such stated material.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
"Commercial/industrial/institutional/multifamily establishment"
shall mean all premises in the city, other than multifamily residential establishment, whereby solid waste may be generated or allowed to accumulate. For the purpose of this chapter, the term "multifamily" shall refer to all multifamily residential establishments consisting of three or more units on any specified multifamily residentially zoned parcel in accordance with this code.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
"Compost"
has the same meaning as 14 CCR Section 17896.2(a)(4), which stated, as of the date of the ordinance codified in this chapter, that "compost" means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
"Customer"
shall mean and include any person and/or member of any residential, multifamily, commercial, industrial, or institutional establishment who receives the benefit of solid waste services provided by the franchisee which are subject to the provisions of this section. The term "customer" shall also be inferred to mean any person or entity who may receive a billing statement or invoice from an authorized solid waste enterprise or franchisee for the payment of services rendered by said franchisee.
(Ord. 680 § 2, 1997; Ord. 760 § 3, 2002; Ord. 920 § 1, 2021)
"Franchise"
shall mean the right of a person or entity to make arrangements for the collection and transportation of solid waste to landfills, transformation facilities, material recovery facilities, high diversion organic waste processing facilities, or other licensed solid waste management facilities and/or the ability to extricate organic and recyclable material from all solid waste, including recyclable and organic materials.
Any franchise is subject to all of the provisions set forth in this code and/or any right held by any other solid waste enterprise which may hold rights pursuant to Public Resources Code.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
"Agreement for solid waste collection, processing, and disposal services"
means the automated collection from the residential and business sectors of refuse, organics, recyclable, or mixed waste containers with a motorized vehicle designed to mechanically pick up and empty such containers into the vehicle.
"Solid waste containers"
for said service shall mean a container of about 96 gallons in capacity (smaller containers can be specifically requested from the contractor).
(Ord. 760 § 6, 2002; Ord. 920 § 1, 2021)
"Franchise fee"
shall mean the amount payable by the franchisee to the city in accordance with the provisions established by resolution or an executed franchise agreement in consideration of the rights and privileges conferred by the franchisee under an executed franchise agreement authorized by the city council.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
"Franchisee"
shall mean any solid waste enterprise duly authorized under the terms and conditions of this code to provide solid waste collection services within the city whether such services comprise residential, multifamily residential, commercial, industrial, or institutional solid waste.
(Ord. 680 § 2, 1997; Ord. 760 § 3, 2002; Ord. 920 § 1, 2021)
"Green waste"
means leaves, grass clippings, brush, and branches generated from landscapes or gardens separated from other solid waste. "Green waste" shall include holiday trees placed out for collection by persons residing or conducting business within the city limits, but does not include tree stumps or branches or shrubbery exceeding four inches in diameter or four feet in length or weighing in excess of 40 pounds, nor shall it include palm fronds and succulents.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
"Hazardous waste"
means any waste or combination of wastes which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious or irreversible illness or incapacity, or any substance which poses a substantial hazardous threat to human health or the environment. Materials or mixture of wastes which have been defined as "hazardous substances" or "hazardous wastes" pursuant to the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Section 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Section 96-1 et seq., as either may be amended from time to time, or any substance which may be defined by CalRecycle. Should a discrepancy arise between two or more entities having jurisdiction in this matter as to the definition set forth herein, the definition having the more encompassing meaning of "hazardous waste" shall prevail.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
"Mechanized container"
shall mean any container provided to a qualified residential or multifamily residential customer by any authorized franchisee for which the contents thereof are capable of being emptied by mechanical means.
(Ord. 680 § 2, 1997; Ord. 760 § 3, 2002; Ord. 920 § 1, 2021)
"Person"
means an individual, corporation, property owner, occupant, tenant, or any other entity or enterprise.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
"Recyclable material"
means any material or commodity which is no longer useful or wanted and has the potential of being reused or processed into a form suitable for reuse through processing and/or remanufacture or which is sold for compensation, traded, or given away, but which has not been discarded into the nonseparated waste stream.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
"Recycle"
means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become refuse and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
"Recycling bins" or "recycling container"
means any container or bin utilized for the temporary accumulation and collection of source separated recyclable material. This shall also include commercial bins or any other containers designated for the collection and temporary accumulation of recyclable material. Recycling bins and recycling containers shall comply with the color and labeling requirements of SB 1383.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
"Multifamily residential establishment"
shall mean and include every lot in the city upon which are situated more than three dwelling units, including planned development projects as defined in this code, and any other parcel which has been improved with a so-called multifamily residential dwelling unit designated and used as living quarters by human beings. Multifamily residential units shall not include hotels, motels, lodge halls, clubs, tourist camps, trailer camps, churches, business and industrial establishments, or any lot containing fewer than three dwelling units or upon which commercial or industrial occupation is conducted.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
"Roll-off service"
shall mean those commercial bins or containers supplied by a solid waste enterprise for the temporary accumulation of solid waste resulting from temporary activities on any premises, such as the demolition or construction of a building.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
"Scavenging"
shall mean the unauthorized removal of recyclable material or any other commodity designated by the city to have recyclable properties or value by any person, individual, business, or solid waste entity other than those authorized by the city or established in accordance with this code.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
"Self-haul"
shall mean the collection, transportation, processing, and disposal of residential or multifamily residential solid waste generated by a customer's own residential or multifamily residential establishment by such customer who is not engaged in the business of multifamily residential, commercial, industrial, or institutional solid waste collection services.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
"Solid waste"
has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, recyclable materials, 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, organic waste, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:
A. 
Hazardous waste, as defined in State Public Resources Code Section 40141.
B. 
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).
C. 
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.
D. 
Recyclable materials, organic waste, and construction and demolition debris when such materials are source separated.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
"Solid waste enterprise"
means any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing solid waste handling or recycling services, or is operating as a disposal site or transfer or processing station within the limits of the city or its jurisdictional areas, including those authorized by the Public Resources Code.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
"Special waste"
shall mean any item or element of solid waste identified in 22 CCR Section 66740, or any other waste which has been classified as special waste by resolution of the city council.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
"SRRE"
shall mean the source reduction and recycling element including the household hazardous waste element (HHWE) as adopted and amended by the city in conformance with AB 939.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
"Vehicle"
shall mean any truck, trailer, or other conveyance or equipment used to collect, haul, or transport solid waste or hazardous waste.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
"Waste stream"
means any solid waste or other material which has been entered into a process whereby its ultimate disposition results in depositing into a certified landfill.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
No person or solid waste enterprise shall engage in the collection, caring, conveyance, or transportation of any solid waste from or at any location within the limits of the city without the expressed written consent of the city council by means of a franchise granted by the city council pursuant to this chapter or other provisions set forth in this code.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
The city council may award one or more franchises for the collection, processing, diversion and disposal of solid waste from all or any portion of the residential, multifamily residential, commercial, industrial, or institutional premises in the city. All franchises shall be granted in accordance with such terms and conditions as established by the city council and at its sole discretion. Should a solid waste enterprise, upon the enactment of this chapter, possess an executed franchise agreement with the city, nothing contained within this section shall limit or otherwise alter the term of services provisions established in the executed franchise agreement.
(Ord. 680 § 2, 1997; Ord. 760 § 4, 2002; Ord. 920 § 1, 2021)
No franchise shall be entitled to be assigned, transferred, conveyed, sublet, or otherwise disposed of any right, liability, or interest to another solid waste enterprise without first having obtained the written consent of the city council, which shall not be unreasonably withheld.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
It shall be at the sole discretion of the city to conduct public hearings to determine the quality of performance and service rendered by any solid waste enterprise authorized to collect, transport, or dispose of solid waste; provided, that the solid waste enterprise is duly authorized to conduct business within the city by the granting of a franchise by the city council. Any franchisee who has been noticed of the review of their services shall have the right to participate in the public hearings, as well as provide testimony, which may refute any and all claims which may have been made. Following the conclusion of the public hearing, the city, at its discretion, may issue a report as to the adequacy of the performance and the quality of services provided by the stated franchise. Should the city direct the franchisee to take measures to correct any operational deficiencies found, said deficiencies shall be corrected within 30 days from the date of notice or a period to be established by city council.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
It shall be at the sole discretion of the city to perform a review of solid waste handling service provided by the franchisee. The purpose of the stated review shall be to promote greater efficiency of services rendered by the franchisee. The city reserves the right to conduct a review of relevant technological, economic, and regulatory changes in the collection, processing, diversion and disposal of any solid waste generated within the city limits. The city further reserves the right to examine feasibility of new services resulting from a change in technology, processing, developments in the law, or other regulatory changes to either one or more of any existing service or any which may be proposed in the future. It shall be at the discretion of the city and the franchisee to include additional topics for consideration during the review of systems or services provided herein.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Franchises shall be required at a minimum to provide compliance with the following:
A. 
Each franchisee shall comply with the provisions of this chapter and any/all other applicable sections of this code, Public Resources Code, or any other local, state, or federal code having jurisdiction. Additionally, each solid waste enterprise shall be required to maintain compliance with that jurisdictional information either contained and/or compiled in accordance with this code or any such compilation or accumulation of informational material;
B. 
Each franchisee shall be required to cooperate with the city in solid waste generation studies or siting elements, the preparation of waste stream audits, and to submission of information required by city to meet the reporting requirements of AB 939, SB 1383 or other applicable legislation as may be amended from time to time, and to implement measures consistent with the city's source reduction and recycling element (SRRE) and household hazardous waste element (HHWE) in order for the city to reach the mandated diversion and other goals as established by the California Integrated Waste Management Act of 1989, as it may be amended from time to time;
C. 
Each franchisee shall be required to pay a franchise fee in an amount to be determined by resolution of the city council;
D. 
Each franchise shall not be transferred, sold, sublet or assigned, nor shall any of the rights or privileges contained therein be leased, assigned, or sold in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest, or property therein, pass to or vest in any person, either by act of the franchisee or otherwise, unless authorization for such transfer, sale, subletting, or assignment is obtained and approved in writing from the city council.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Notwithstanding BGMC § 16.12.039(A) and (B), any person or solid waste enterprise may collect solid waste within the city limits without having first obtained a franchise if that person has met the provisions set forth below:
A. 
Has the right to continue providing services in accordance with and pursuant to Article 3, "Continuation of Services," Sections 4916.12.0 through 4916.12.3 of the Public Resources Code as it may be amended from time to time and complies with all other applicable provisions of law.
Should the city council determine that the awarding of a single franchise is in the best interest of the city for either the protection of the public health and safety of the city or for other criteria established to make such a determination, any solid waste enterprise who has been authorized by franchise, contract, license, or permit shall be entitled to continue to provide those services up to five years after the mailed notification to the solid waste enterprise by the city that exclusive solid waste handling services are to be provided or authorized, unless the solid waste enterprise has an exclusive franchise or contract.
If the solid waste enterprise has an exclusive franchise or contract, the solid waste enterprise shall continue to provide those services and shall be limited to the unexpired term of the contract or franchise or five years, whichever is less;
B. 
Is an officer, employee, or agent of the city acting or conducting services in the course of official duty;
C. 
Is disposing of organic material in accordance with city-authorized, sponsored programs or other programs generally accepted by the appropriate jurisdictional agency as a bona fide organics program in the course of their regular business activities as authorized by the city so long as the entity or person is the holder of a valid city business license or permit as a gardener, landscape contractor or tree trimmer/remover, or other activity or enterprise which in the course of regular business may be required to provide for the distribution of such material.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Solid waste enterprises shall, at their sole cost and expense, maintain in effect at all times during the term, or any extensions thereof, of any and all agreements between the city and the solid waste enterprise, the coverage and limits of insurance as documented in the agreement(s).
Solid waste enterprise shall comply with indemnification language as documented within any and all agreements between the city and the solid waste enterprise.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Each solid waste enterprise operating under the provisions of this code shall be required at the discretion of the city to submit monthly, quarterly, and annual reports containing information relative to collection, disposal and diversion tonnage of refuse, organic or recyclable material collected, diverted or disposed of within the city limits, customer participation rates, and other information required by applicable law and as may be reasonably required by the city to determine the effectiveness of services provided, effectiveness of city and/or hauled sponsored programs, as well as current collection, diversion and disposal tonnages within the city. Such records shall be submitted in a format approved by the city with the affixed signature of a duly authorized company representative. Such reports shall be submitted to the city within 30 calendar days after the closing of the established reporting period.
Each solid waste enterprise shall maintain all records relating to the services provided for in this chapter for the full term during which collection services are provided. The city shall have the right, upon reasonable advance notice, to inspect or audit records which may be relevant to operations within the city or relating to the imposition of any fees which may be imposed by the city. Such records shall be made available to the city at the solid waste enterprise's regular place of business. Should an inspection or audit of a solid waste enterprise result in the obtaining of proprietary information between the solid waste enterprise and the city, any exchange of information between the city and a solid waste enterprise shall be considered to be proprietary between the city and the individual solid waste enterprise and of the utmost confidential nature to the extent allowable by law.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
In addition to reports required by other provisions, each solid waste enterprise shall be required to maintain a customer inquiry register of all complaints and/or inquiries made by any individual, group, business, or other entity as may be relative to any and all operations, customer service, or performance-related issues by the individual solid waste enterprise or franchisee. Each franchisee shall also submit to the city such other information or reports in such forms and at such times as the city may reasonably request or require.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Each solid waste enterprise shall be required to submit an approved annual SRRP that is exclusive to the city. Each SRRP submitted shall be subject to approval by the city. The city reserves the right to augment all or part, or cause the revision of any SRRP or portion thereof, that is deemed unsatisfactory to the city in meeting the provisions established in this chapter and/or the provisions established in the city's approved source reduction and recycling element. Once a solid waste enterprise's SRRP has been approved by the city, the approved SRRP may be used as sufficient documentation for the good faith effort requirements of this code; provided, that the solid waste enterprise has sufficiently implemented and strictly adhered to the provisions of the approved SRRP. The SRRP must include but is not limited to: (A) targeted materials, including special wastes for source reduction, recycling, and composting; (B) hazardous waste exclusion plan; (C) diversion methods; (D) reporting methodology; (E) contingency plans; and (F) methods for the handling of white goods including CFC removal, PCB removal, and compliance with the requirements of Public Resources Code Sections 42160 through 42185.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
As part of any new, renewed, or amended contract, or franchise granted by the city, city shall require all haulers of solid waste which operate within the city's incorporated area to implement and maintain a training program that will assist the solid waste enterprise employees to identify and properly dispose of any hazardous waste that may come into their possession, and further to require each solid waste enterprise to assist in the dissemination of such information to specified residential, multifamily residential, multifamily, commercial, industrial, and institutional sectors of the community. Each solid waste enterprise shall reject any solid waste observed to be contaminated with hazardous substances. If such substances are observed, each solid waste enterprise shall notify all agencies with jurisdiction, if appropriate, of any hazardous substance present and/or released into the environment. Should a solid waste enterprise encounter any solid waste which may be contaminated, the city shall use reasonable diligence to enforce all applicable laws and regulations pertaining to the disposal of hazardous waste that may be included in waste disposed.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Each solid waste enterprise shall maintain records showing the types and quantities, if any, of hazardous waste found in solid waste which was inadvertently collected from solid waste service recipients within the city but diverted from landfilling.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Should the city determine that to protect the health, safety, and well-being of the community against the dangers or potential dangers of hazardous materials, the city reserves the right to establish a hazardous materials fund. Should the enactment of such a fund become imperative, upon the enactment of a resolution of the city council establishing such a fund, the city may, at the discretion and approval of the city council, establish the parameters and any potential associated charges.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Upon the granting of a franchise, the franchisee shall certify in writing to the city that it is currently in full compliance with all applicable provisions contained within this code. All reports provided herein shall be signed under penalty of perjury, by a responsible corporate official, that the report is true and correct.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Upon placement by the owner of recyclable material at a designated recycling collection location, or placement of recyclable material in a container provided by an authorized recycling agent for the collection of recyclable material, the recyclable material shall become the property of the authorized recycling agent upon the transfer of such material into the vehicle operated by an authorized recycling agent or by operation of law in P.R.C. Section 41950(c), whereby a solid waste enterprise authorized by franchise to provide services related to the collection of solid waste and recyclable material shall retain sole ownership of stated materials, and as such shall remain with the authorized solid waste enterprise providing such service. At no time shall the city obtain any right of ownership or possession of any residential, multifamily residential, commercial, industrial, or institutional refuse, organic or recyclable material that is placed out for collection by any customer for collection by an authorized solid waste enterprise operating under a franchise agreement.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
It shall be the responsibility of the franchisee to provide materials sufficient to educate its customers as to the organic and recyclable materials services provided by said franchisee as well as any materials which the city may require in the future to meet necessary educational requirements as well as any information which may assist the city in meeting the requirements of AB 939, SB 1383 or other applicable legislation as may be amended from time to time.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Each solid waste enterprise shall cooperate with city and/or designated consultants in solid waste disposal characterization studies and waste stream audits and shall put forth a good faith effort to implement measures adequate to achieve the city's source reduction, recycling, and waste stream diversion goals for the solid waste stream. Each solid waste enterprise, at its own expense, shall submit to city information and reports necessary for city to meet its reporting obligations imposed by AB 939 and/or other legislation, and the regulations implementing AB 939 and/or other legislation.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Each franchisee shall comply at a minimum with the provisions of this chapter as well as those provisions set forth in other applicable chapters and subsections of this code or the Public Resources Code. Additionally, each solid waste enterprise shall be required to maintain compliance with that information which is either contained and/or compiled in accordance with this code or any such compilation or accumulation of informational material.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
A. 
Franchise Fees. The franchisee shall be required to pay a franchise fee in an amount to be determined by resolution of the council. Any and all such fees shall be paid at the conclusion of each quarter on or before the twenty-fifth of each month following the end of each quarter, or in accordance with the provisions established by resolution of the city council.
(Ord. 680 § 2, 1997; Ord. 760 § 4, 2002; Ord. 920 § 1, 2021)
Each solid waste enterprise exercising rights under this chapter and/or any person or entity engaging in any activity specified in this code, in addition to obtaining a franchise from the city, shall possess a current city business license and shall display a current city-issued decal on the rear of each collection vehicle operating within the city.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Any franchise issued under the provisions of this chapter is subject to revocation or suspension for cause. Should a solid waste enterprise be found not to be in compliance with the solid waste performance schedule established in accordance with BGMC § 16.12.037 or any other applicable sections of this code, any franchise issued in lawful accordance with the provisions of this code or other applicable provisions shall be subject to immediate disciplinary action up to and including suspension or termination of the franchise. Should the city determine that there is sufficient reason to authorize the suspension or revocation of a franchise, the director of public works, city or their designee shall revoke or suspend the franchise by issuing a written order to the solid waste enterprise clearly stating the reasons for such suspension or revocation.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Unless the solid waste enterprise supplies sufficient verification as to the correction of the deficiency stated to the city within the cure period of the written order as documented within any and all agreements between the city and the solid waste enterprise, the franchise may be revoked or suspended by the city within 15 days after the mailing of such order. The order shall be mailed by certified mail to the solid waste enterprise.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Should a franchise issued to a solid waste enterprise be revoked, said solid waste enterprise shall not be issued a franchise to collect solid waste within the city until such time as the solid waste enterprise is able to demonstrate to the satisfaction of the city that the solid waste enterprise is able to fully comply with all of the provisions of this chapter and the Public Resources Code.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Should any franchise be revoked or suspended in accordance with this chapter or any other provision set forth in this code or applicable legislation, the solid waste enterprise shall have the right to appeal the decision to the city council. The request must be in the form of a written request made within 15 calendar days of the effective date of the suspension or revocation. Such requests must be filed directly with the city clerk by way of certified mail or personal delivery. The decision of the city council shall be final and binding upon all parties. Nothing contained within the context of this section shall prevent any person or solid waste enterprise from pursuing remedies to the extent allowable by law.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
The rates enacted under this chapter or by way of resolution of the city council, for the purpose of residential establishments solid waste collection, may be billed and collected in advance of collection service and may be presented or mailed for periods of one month, two months, or three months in advance. Under no circumstance shall the billing period exceed 90 days or one quarter of the calendar year. Each owner/occupant shall be liable for the collection charge whether or not collection services are utilized.
Charges for special services provided to owners or occupants of residential establishments, such as roll-off service or bin service, shall be billed by and paid directly to the solid waste enterprise of the solid waste collection service.
The rates enacted under this chapter or by way of resolution of the city council, for the purpose of solid waste collection, including special services, are subject to any limitations of Proposition 218, in compliance with California Constitution Article XIIID (Proposition 218) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 et seq.).
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
As the city, under the provisions set forth in this chapter, possesses no liability or responsibility for the billing, collection, or servicing of any aforementioned establishment within the city, any refund associated with any residential, multifamily residential, commercial, industrial, or institutional establishment shall be the sole responsibility of the solid waste enterprise, operating under the lawful issuance of a franchise agreement, to refund any or any portion thereof solid waste collection fees as established and paid in accordance with the provisions set forth in this chapter.
(Ord. 680 § 2, 1997; Ord. 760 § 4, 2002; Ord. 920 § 1, 2021)
All solid waste collected within the city shall be disposed of at a site legally empowered to accept such material for disposal.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
No person shall engage in the business of collecting, dumping or depositing any solid waste upon any property located within the city without first having obtained a special permit pursuant to authorization of the city council; provided, however, that the provisions of this section shall not apply to any person in the employ of the city who may be assigned either in the conduct of regular business or as may be assigned from time to time in the collection, removal, disposal, or depositing of solid waste, or to any person with whom the city is contracting for the collection, removal, disposal, or dumping of said waste, or any employee of said contractor during such time as the contract shall remain in force. Should city council determine that such a permit warrants issuance, said permit shall be conditional upon the compliance with all of the requirements and regulations established with respect to collection, removal, disposal, or dumping of any solid waste.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Collection vehicles used by solid waste enterprises within the city shall comply with the requirements of this section and shall conform to the highest industry standards. The city reserves the right to inspect or cause the inspection of any vehicles.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
All collection vehicles shall at all times be kept clean, in good repair, and uniformly painted to the satisfaction of the city and shall comply with all measures and procedures promulgated by agencies having jurisdiction. Additionally, all vehicles shall be cleaned on a regular basis.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Each vehicle shall be so constructed and utilized as to prevent any solid waste, oil, grease, or other liquid from blowing, falling, or leaking out of the truck onto any public right-of-way or any residential, multifamily residential, commercial, industrial, or institutional establishment's property whether or not the property has been established for public or private use.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
All solid waste shall be transported by means of vehicles equipped with watertight bodies fitted with close-fitting metal covers as to prevent any leakage, spillage, or offensive odor to emit from the contents thereof. Should any solid waste be dropped or spilled in collecting, transferring, or transporting, it shall be immediately cleaned up. Sufficient equipment to contain or clean any of the vehicle's contents which may have been allowed to escape the inner body of the vehicle shall be carried on each truck at all times for such purpose.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
The solid waste enterprise's name and telephone number shall be printed or painted in legible letters not less than four inches in height and four inches in width and shall be prominently displayed on each side of the vehicle in a color sharply contrasting with the color of the vehicle.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
The noise level generated by compaction vehicles utilizing compaction mechanisms shall not exceed a single-event noise level of 75 decibels (dB) at a distance of 25 feet from the collection vehicle measured at an elevation of five feet above ground level. Each solid waste enterprise shall submit to the city, upon request, a certificate of vehicle noise level testing by an independent testing entity approved by the city.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Each vehicle used for the collection, hauling, and disposal of solid waste shall be equipped with an audible warning device that is activated when the vehicle is backing up.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Should the city at any time give notification in writing to the solid waste enterprise that any designated vehicle does not comply with the standards of this chapter, such vehicle shall forthwith be removed from service by the solid waste enterprise and not again so used hereunder until inspected and approved in writing by the city.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Franchisee shall:
A. 
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 recyclable materials container, organic materials container, and solid waste container collection service or, if self-hauling, consistent with the commercial/industrial/institutional/multifamily establishments' approach to complying with self-hauler requirements in BGMC § 16.12.106.
B. 
Provide containers for the collection of source separated recyclable materials and source separated organic materials in all indoor and outdoor areas where solid waste containers are provided for customers, for materials generated by that commercial/industrial/institutional/multifamily establishment. Such containers shall be visible and easily accessible. Such containers do not need to be provided in restrooms. If a commercial/industrial/institutional/multifamily establishment does not generate any of the materials that would be collected in one type of container, then the responsible party of the commercial/industrial/institutional/multifamily establishment does not have to provide that particular container in all areas where solid waste containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the responsible party of the commercial/industrial/institutional/multifamily establishment shall have either:
1. 
A body or lid that conforms with the container colors provided through the collection service provided, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. The responsible party of the commercial/industrial/institutional/multifamily establishment is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this 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 to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
C. 
To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials, or if self-hauling, per the instructions of the commercial/industrial/institutional/multifamily establishment's responsible party to support its compliance with self-hauler requirements in the city's municipal code.
D. 
Periodically inspect recyclable materials containers, organic materials containers, and solid waste/mixed waste 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).
E. 
Annually provide information to employees, contractors, tenants, and customers about recyclable materials and organic waste recovery requirements and proper sorting of recyclable materials, organic materials, and solid waste/mixed waste.
F. 
Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to source separate recyclable materials and organic materials and to keep source separated organic materials and source separated recyclable materials separate from each other and from other solid waste/mixed waste (when applicable) and the location of containers and the rules governing their use at each property.
G. 
Provide or arrange access for city or its designee to their properties during all inspections conducted in accordance with the city's municipal code to confirm compliance with the requirements of the city's municipal code.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Containers or bins will not be stored upon city streets. When dumping operations are conducted on city streets, bins or containers will be allowed on the street; provided, that such containers are located directly adjacent to the parkway curbing, or the like, and shall remain in such a location for a maximum period of six hours during dumping operations. Bins or containers will not be allowed on city streets during posted street sweeping, parking, or other restricted periods. All containers shall meet the certification requirements as established in BGMC § 16.12.081.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
No person, other than the owner thereof or his agents or employees, or an officer or employee of the city, or solid waste enterprise, shall tamper or meddle with any container, or the contents thereof, or remove the contents of the container, or remove the container from the location where the container shall have been placed by the owner thereof or his agent.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
It is unlawful for any person to deposit or bury, or cause or permit to be deposited or buried, within the city any solid waste upon any premises, public or private.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
No person, except the lawful solid waste enterprises as defined in this chapter, shall gather, collect, or transport solid waste within the city and exact charges for such services.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
It is unlawful to deposit solid waste within or upon another person's property or to use another person's container or bin for solid waste not attributable to the property upon which placement is based pursuant to this chapter.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
It is unlawful for any person to knowingly contaminate any organic material, recyclable material, or solid waste with any substance which may cause the final disposition of such materials to be unacceptable for potential reuse or remanufacture regardless of whether or not the material possesses that ability to be cleaned, purified, or otherwise reconditioned for placement into a qualified waste stream or other remanufacture or reuse process. Any person or persons found to be in violation of this section shall be guilty of a misdemeanor punishable in accordance with the provisions established in BGMC § 16.12.116.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
A. 
No person shall rummage through, scavenge, or remove any material from any trash receptacle, trash dumpster, or other solid waste container which is stored on residential private property pending collection for disposal or recycling or which has been placed out for collection or at the adjacent curb or side of any public street for residential, multifamily residential, or household trash collection for disposal or recycling other than the owner or tenant of such property or an authorized recycling agent or by a solid waste enterprise operating pursuant to an agreement with the city of Bell Gardens.
B. 
No person shall rummage through, scavenge, or remove any material from any solid waste receptacle, solid waste dumpster, or other solid waste container which is stored on any private property improved with a multifamily dwelling structure (three or more dwelling units), business use structure, institutional use structure, or an industrial use structure pending collection for disposal or recycling other than the owner or tenant of such property, unless such person is the owner and/or tenant in possession of such property, or unless such person is an authorized recycling agent or a solid waste enterprise operating under a valid business license issued by the city of Bell Gardens for municipal solid waste handling services.
C. 
No person shall have in their possession any shopping cart or other similar devices which have been removed from the owner's premises without written authorization unless such persons so having possession have notified the Bell Gardens police department of the presence and location of such shopping carts or related devices.
D. 
A violation of subsection (A), (B), or (C) of this section shall be deemed as a misdemeanor and shall be subject to prosecution as a misdemeanor as provided in BGMC § 16.12.116.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
No person owning, leasing, acting as an agent for, or occupying any premises in the city shall fail, refuse, or neglect to keep such lot or parcel of land, or any building situated thereon, in a clean, wholesome, and sanitary condition, and no such person shall permit any accumulation of manure, garbage, offal, solid waste, stagnant water, or filthy or offensive matter of any kind to be or remain upon such premises.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
No person shall store any form of solid waste, or other material such as boxes, barrels, or containers of any type within any street, parkway or sidewalk, or within any required front yard, or between any front lot line and the main building on such lot, or within that portion of the street-side of a corner lot equal to the depth of the required street-side side yard or at any other location within the view of an adjacent street as defined by this code. For the purpose of this chapter, "storage" shall be defined as the placing or maintaining of solid waste or containers of any type for any period of time, but shall not include the temporary accumulation of solid waste during the period of time that an owner or occupant of the property is actually engaged in lawn cutting, tree or shrubbery trimming, or clearing such property of solid waste or other material. This section shall not be deemed to preclude the storage of solid waste or other material placed in a covered metal bin or container with a capacity of not less than one cubic yard or more than six cubic yards in front of any main building or at any other location other than the required street-side side yard of a corner lot so long as such a bin or container is within a solid waste enclosure, lawfully erected and maintained in such a manner that such bin or container is not within the view of any adjacent street as defined in this code; nor shall this section be deemed to preclude the storage of solid waste or other material emanating from the multifamily residential establishment as defined by this code at any location on the lot or premises from which it emanates other than within the required front or side yard or in front of the main building thereon or within that portion of the street-side of a corner lot equal to the depth of the required street-side yard.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
BGMC § 16.12.092 shall not preclude the placing or maintaining of solid waste, in the manner specified in this chapter and this code, within the parkway in front of the residential or multifamily residential premises from which it emanates; provided, however, that no solid waste or container shall be placed in any parkway earlier than 4:00 p.m. on the day preceding the date specified in accordance with BGMC § 16.12.104(A) for the collection of solid waste from such premises. No solid waste or container shall be allowed to remain within the parkway later than midnight of the day specified in this code for the collection of solid waste from such parkway, whether or not the solid waste is actually collected on such date.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
No person shall burn any solid waste within the city except in an approved incinerator or transformation facility or other device for which a permit has been issued by the city and which complies with all applicable permits and other regulations of air pollution control authorities, and provided any such act of burning in all respects complies with all other laws, rules, and regulations.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
No person shall dump, deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, bury, or dispose into the environment any liquid or solid waste upon any premises within the city or cause the same thereto except in an authorized or permitted solid waste container or at an authorized or permitted solid waste facility.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
No solid waste enterprise shall transfer the load from one collection vehicle to another on any public street or road unless such transfer is essential to the method of operation and is approved by the city administrator or is necessary owing to mechanical failure or accidental damage to a vehicle.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Nothing in this chapter shall prevent any person from engaging in the collection of material for the sole purpose of the implementation of composting or other organic material recycling programs.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Nothing in this chapter shall limit the right of any person, organization, or other entity to donate, or sell any recyclable material owned by that person, organization, or other entity; provided, that any such donation or sale is in accordance with the provisions of this chapter.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Each owner and/or occupant of multifamily residential establishment as defined by this code shall be responsible for the collection of solid waste through the contractual services of a franchised solid waste enterprise that has been granted such authority by action of the city council.
A. 
Responsible parties of multifamily establishments shall provide or arrange for solid waste collection services consistent with the city's municipal code and for employees, contractors, and tenants.
B. 
Except for responsible parties of multifamily establishments that meet the self-hauler requirements in BGMC § 16.12.106, responsible parties of multifamily establishments shall provide one of the following collection programs:
1. 
Subscribe to and pay for city's three-, three-plus, two-, or one-container collection services and comply with requirements of those services for all recyclable materials, organic materials, and refuse/mixed waste generated at the multifamily establishments as further described in this section. City shall have the right to review the number and size of the multifamily establishments' collection 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. The responsible party of a multifamily establishment shall adjust their service level for their collection services as requested by the city or its designee.
2. 
Participate in the city's three-, three-plus, two-, or one-container collection service(s) for at least weekly collection of recyclable materials, organic materials, and refuse/mixed waste in the manner described below.
C. 
Option 1. A three- and three-plus-container collection service (recyclable materials container, organic materials container, and refuse container).
1. 
Option 1a. Place and/or direct its generators to place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and refuse in the refuse container.
2. 
Option 1b. Place and/or direct its generators to place source separated organic materials, except food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and mixed waste, including food waste, in the refuse container.
Shall not place and/or direct its generators to not place prohibited container contaminants in collection containers and to not place materials designated for the organic materials containers or recyclable materials containers in the refuse containers.
D. 
Option 2. Two-container collection service (organic materials container/refuse container system or recyclable materials container/refuse container system).
1. 
Option 2a – Organic Materials Container/Solid Waste Containers. Place and/or direct its generators to place only source separated organic materials in an organic materials container; and place and/or direct its generators to place all other materials (mixed waste) in a solid waste container; and not place and/or direct its generators to not place materials designated for the organic materials containers in the solid waste containers.
2. 
Option 2b – Recyclable Materials Container/Solid Waste Containers. Place and/or direct its generators to place only source separated recyclable materials in a recyclable materials container; and place and/or direct its generators to place all other materials (mixed waste) in a solid waste container; and not place and/or direct its generators to not place materials designated for the recyclable materials containers in the solid waste containers.
Shall not place and/or direct its generators not to place prohibited container contaminants in collection containers.
E. 
Option 3 – An Unsegregated Single Container (One-Container) Collection Service.
1. 
Place and/or direct its generators to place all materials (mixed waste) in a solid waste container.
Shall not place and/or direct its generators not to place prohibited container contaminants in collection containers.
F. 
If the responsible party of a multifamily establishment wants to self-haul, meet the self-hauler requirements in BGMC § 16.12.106.
G. 
Multifamily establishments that generate two cubic yards or more of total refuse, recyclable materials, and organic materials per week (or other threshold defined by the state) that arrange for gardening or landscaping services shall require that the contract or work agreement between the owner, occupant, or operator of a multifamily establishment and a gardening or landscaping service specifies that the designated organic materials generated by those services be managed in compliance with this chapter.
H. 
Nothing in this section prohibits a responsible party or generator of a multifamily establishment from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Solid waste collection and the charges thereof may be discontinued based on any of the following findings to a specified piece of property by the director of public works:
A. 
If there are two properties which are adjacent and there is only one owner of both properties;
B. 
There is a second house on the property and the house is no longer occupied and all of the utilities are disconnected;
C. 
If the owner or renter of a residential or multifamily residential house is employed in a business, which is able to dispose of solid waste in a proper manner, i.e., solid waste enterprise, gardener, tree trimmer, etc.;
D. 
There is a business located on the adjacent property and the same person owns the business but not the property on which the business is located.
In order to establish such fact, any interested person may file with the director of public works an affidavit, in a form to be approved by the city attorney, setting forth sufficient information which, if found to be true, clearly demonstrates that the collection of solid waste from the property described is not necessary. No such finding shall be made by the director of public works without at least three days' prior notice to the person who has entered into the contract with the city for the collection and removal of solid waste from residential or multifamily residential establishments. Any such finding and determination shall be binding only for the fiscal year during which or for which such finding and determination is made. The director of public works may require the filing of a new affidavit before extending the period of exemption from refuse collection charges.
(Ord. 680 § 2, 1997; Ord. 760 § 5, 2002; Ord. 920 § 1, 2021)
Each container shall be kept in the following manner:
A. 
Where there is an alley, other than a blind alley, in the rear of the premises, such container shall be placed on the premises within five feet of the property line;
B. 
Where there is no alley, other than a blind alley, in the rear of such premises and there is a side entrance to the rear of such premises, each container shall be placed on the premises at an accessible location not less than 50 feet nor more than 70 feet from the property line;
C. 
Where there is no alley, other than a blind alley, nor such a side entrance, each container shall be placed on the curb or parkway in front of the premises during the hours established for the collection of solid waste;
D. 
Placement of all mechanized containers shall not be placed in any portion of a public street nor shall such containers protrude into the public street. In the interest of the public health and safety, the mechanized containers or other collection devices and/or methodologies established in this chapter shall be placed upon the city parkway. Any violation of this section of the code shall be considered a misdemeanor and subject to the provisions as established in BGMC § 16.12.116;
E. 
Containers shall be placed on the frontage that they emanate from. Containers shall not be placed on the frontage of other properties.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Residential collection of solid waste shall be conducted between the hours of 6:00 a.m. and 6:00 p.m. on Tuesdays and Fridays. In the case of a holiday, collection shall be made on the day following the regularly scheduled day of collection.
A. 
Commercial, Industrial, Institutional or Multifamily Zones. Collection of solid waste shall not be conducted between the hours of 7:00 p.m. and 7:00 a.m. in commercial, industrial, institutional, or multifamily zones adjacent to residential zones or any other zone with residential use.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Any green waste not suitable for placement in a container may be placed for collection in the same manner and at the same place as designated for containers provided it is securely tied in bundles not heavier than 40 pounds and not more than four feet in length.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Persons operating under the provisions of this chapter or other applicable sections of this code for the purposes being classified as a self-hauler and/or gardener disposing of refuse, green waste, compost, or other organic or nonorganic matter, pursuant to the exceptions contained within the provisions set forth in this chapter, shall deposit such solid waste only at a lawfully permitted organics processing facility which has been approved by all jurisdictional entities. The city shall reserve the right to require self-haulers and gardeners to report to the city the type, quantity, value, weight, and destination of all solid waste removed, processed, diverted from landfilling, and/or disposed of under the provisions set forth in this chapter.
Every self-hauler shall source separate its recyclable materials and organic materials (materials that the city otherwise requires generators or responsible parties to separate for collection in the city's recyclable materials and organic materials collection program) generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2 and the city's collection program. Self-haulers shall deliver their materials to facilities described in subsection (B) of this section. Alternatively, self-haulers may or choose not to source separate recyclable materials and organic materials and shall haul its solid waste (that includes recyclable materials and organic materials) to a high diversion organic waste processing facility that is approved by the city.
Self-haulers that source separate their recyclable materials and organic materials shall haul their source separated recyclable materials to a facility that recovers those materials; haul their source separated organic waste to a facility, operation, activity, or property that processes or recovers source separated organic waste; and haul their solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste.
Self-haulers that are responsible parties of multifamily/commercial/industrial/institutional establishments shall keep records of the amount of recyclable materials, organic waste, and solid waste delivered to each facility, operation, activity, or property that processes or recovers recyclable materials and organic waste and processes or disposes of solid waste or shall keep records of solid waste delivered to high diversion organic waste processing facilities. These records shall be subject to inspection by the city or its designee. The records shall include the following information:
A. 
Delivery receipts and weight tickets from the entity accepting the recyclable materials, organic materials, and solid waste.
B. 
The amount of material in cubic yards or tons transported by the generator or responsible party to each entity.
C. 
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 recyclable materials, organic materials, and solid waste.
D. 
A single-family generator or single-family responsible party that self-hauls recyclable materials, organic waste, or solid waste is not required to record or report information in subsection (C) of this section and this subsection.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Each owner and/or each occupant of a commercial, multifamily, industrial, or institutional establishment shall be responsible for the collection of refuse, organic and recyclable material through the contractual services of a franchised solid waste enterprise that has been granted such by action of the city council.
A. 
Responsible parties of commercial/industrial/institutional/multifamily establishments shall provide or arrange for recyclable materials, organic materials, and solid waste/mixed waste collection services consistent with the city's municipal code and for employees, contractors, tenants, and customers.
B. 
Except responsible parties of commercial/industrial/institutional/multifamily establishments that meet the self-hauler requirements in BGMC § 16.12.106, responsible parties of commercial/industrial/institutional/multifamily establishments shall:
1. 
Subscribe to and pay for city's three-, three-plus, two-, or one-container collection services and comply with requirements of those services for all recyclable materials, organic materials, and solid waste/mixed waste generated at the commercial establishment as further described below in this section. City shall have the right to review the number and size of a commercial establishments' 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. The responsible party of the commercial/industrial/institutional/multifamily establishment shall adjust their service level for their collection services as requested by the city or its designee.
2. 
Participate in the city's three-, three-plus, two-, or one-container collection service(s) for at least weekly collection of recyclable materials, organic materials, and solid waste/mixed waste in the manner described below.
C. 
Option 1. A three- and three-plus-container collection service (recyclable materials container, organic materials container, and solid waste container).
1. 
Option 1a. Place and/or direct its generators to place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container.
2. 
Option 1b. Place and/or direct its generators to place source separated organic materials, except food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and mixed waste, including food waste, in the solid waste container.
Shall not place and/or direct its generators not to place prohibited container contaminants in collection containers.
D. 
Option 2. Two-container collection service (organic materials container/solid waste container system or recyclable materials container/solid waste container system) (choose Option 2a or 2b).
1. 
Option 2a – Organic Materials Container/Solid Waste Container. Place and/or direct its generators to place only source separated organic materials in an organic materials container; place and/or direct its generators to place all other materials (mixed waste) in a solid waste container; and not place and/or direct its generators to not place materials designated for the organic materials containers in the solid waste containers.
2. 
Option 2b – Recyclable Materials Container/Solid Waste Container. Place and/or direct its generators to place only source separated recyclable materials in a recyclable materials container; place all other materials (mixed waste) in a solid waste container; and not place and/or direct its generators to not place materials designated for the recyclable materials containers in the solid waste containers.
Shall not place and/or direct its generators not to place prohibited container contaminants in collection containers.
E. 
Option 3 – An Unsegregated Single Container (One-Container) Collection Service.
1. 
Place and/or direct its generators to place all materials (mixed waste) in a solid waste container.
Shall not place and/or direct its generators not to place prohibited container contaminants in collection containers.
F. 
If the responsible party of a commercial/industrial/institutional/multifamily establishment wants to self-haul, meet the self-hauler requirements in BGMC § 16.12.106.
G. 
Nothing in this section prohibits a responsible party or a generator of a commercial/industrial/institutional/multifamily establishment from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
H. 
Responsible parties of commercial establishments that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to BGMC § 16.12.127.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Should the city council determine the granting of one or more franchises shall be deemed necessary to protect the health, safety, and well-being of those persons and businesses located within the lawfully established borders of the city, the city council may establish by way of resolution the maximum rates to be charged for such collections.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
Each container shall be placed in a manner that is accessible to collection and does not constitute an obstruction to public areas or rights-of-way, or cause or contribute to littering or a nuisance, and does not conflict with an area specifically designated for collection by this code. Solid waste collection bins or containers shall be stored in the manner prescribed by the city. As of the effective date of the ordinance codified in this chapter, all commercial, industrial, institutional, and multifamily solid waste enclosures shall be at least six feet in height and constructed of nonflammable material as approved by the city, and shall possess solid metal or steel gates. Containers shall be constructed of metal or plastic with tight-fitting lids constructed so as not to permit the contents to shift or pass through any opening therein, other than the top thereof. Each container authorized and obtained pursuant to this code shall maintain the outside of each container, in legible letters and numerals not less than one inch in height, the name and telephone number of such business, and shall at all times keep such containers in clean, sanitary conditions which conform to the highest industry standards. Each such bin shall be externally equipped with reflectorized devices within one foot of each end on all four sides of the container and also be equipped with reflectorized devices on the inside of each cover so that in the darkness drivers of approaching vehicles may readily see the full extent, bulk, and location of each container.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
A solid waste enterprise who has been notified by a commercial solid waste service recipient that commercial solid waste service is to be discontinued shall remove all of its commercial bins from the premises of the service recipient who is discontinuing service within one week following the receipt of notification that service is to be discontinued. Nothing contained within this section shall interfere with the lawfully executed agreement between a solid waste enterprise and its customers.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
No person shall operate a transfer or processing station, landfill, material recovery facility, or any other facility covered under the provisions of Public Resources Code Sections 40100 through 44017, 44150, and 44116.12, or any other applicable sections of the Public Resources Code relative to such operations, including those sections specified in Division 31, commencing with Section 50000, as any of aforementioned sections may be amended from time to time, from or at any location within the city, unless such person is authorized to do so by the granting of a franchise by the city council pursuant to this chapter.
A. 
Requirements for Haulers.
1. 
Franchise hauler(s), permitted haulers, and/or licensed haulers providing recyclable materials, organic waste, and/or solid waste collection services to generators within the city's boundaries shall meet the following requirements and standards as a condition of approval of its contract, agreement, permit, license, or other authorization with the city to collect recyclable materials, organic materials, and/or solid waste:
a. 
Through written notice to the city annually on or before December 15th of each year, identify the facilities to which they will transport discarded materials, including facilities for source separated recyclable materials, source separated organic materials, and solid waste/mixed waste unless otherwise stated in the franchise agreement, contract, permit, or license, or other authorization with the city.
b. 
Transport source separated recyclable materials to a facility that recovers those materials; transport source separated organic materials and mixed waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2; and transport solid waste to a disposal facility or transfer facility or operation that processes or disposed of solid waste.
c. 
Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and Chapter 6.18 BGMC.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
All facilities subject to the provisions of this chapter shall be subject to the issuance of a conditional use permit as specified in this code.
A. 
Requirements for Facility Operators and Community Composting Operations.
1. 
Owners of facilities, operations, and activities located in the city's boundaries 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 with operations located in the city's boundaries, 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.
3. 
Owners of facilities, operations, and activities located in the city's boundaries that receive recyclable materials, organic materials, and/or solid waste shall provide to the city on a quarterly basis copies of all reports they are required to report to CalRecycle under 14 CCR Section 18815.9, AB 901 and SB 1383.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
On the enactment of the ordinance establishing the provisions of this chapter, a solid waste facility, which is conducting business under an existing license or conditional use permit issued by the city in lawful accordance with the established provisions of this code or other applicable jurisdictional and state entity, shall now be required by this section to obtain a franchise with the city. Each solid waste facility encompassed by the provisions of this chapter shall be required to obtain a franchise on or before the effective date of the ordinance codified in this chapter or at such later time as may be established by resolution of the city council.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
No person shall construct or operate a solid waste facility including but not limited to a materials recovery facility, transfer or processing station, composting facility, a buy-back or drop-off center, disposal facility, or recycling center without first satisfying all city requirements for land use, environmental, and other approvals as well as those governing provisions of the Public Resources Code as may be amended.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
The violation of any provision of this chapter shall constitute a misdemeanor punishable by imprisonment in a city or county jail not exceeding six months, or by fine not exceeding $1,000, or both. Each separate day, or any portion thereof, during which any violation of this chapter occurs or continues, shall constitute a separate offense and, upon conviction thereof, shall be punishable as provided in this section.
(Ord. 680 § 2, 1997; Ord. 920 § 1, 2021)
"Residential collection"
means collection from residential establishments including residential establishments as defined by this code or this chapter.
Except responsible parties of single-family residences that meet the self-hauler requirements in BGMC § 16.12.106, responsible parties of single-family residences shall comply with the following requirements:
A. 
Subscribe to and pay for the city's three-, three-plus, two-, or one-container collection services for weekly collection of recyclable materials, organic materials, and solid waste generated by the single-family residences and comply with requirements of those services as described in subsections (B) through (E) of this section. 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. The responsible parties for single-family residences shall adjust their service level for their collection services as requested by the city.
B. 
Participate in the city's three-, three-plus, two-, or one-container collection service(s) in the manner described below.
C. 
Option 1. A three- or three-plus-container collection service (recyclable materials container organic materials container, and solid waste container) (choose Option 1a or 1b).
1. 
Option 1a. Place and/or direct its generators to place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container.
2. 
Option 1b. Place and/or direct its generators to place source separated organic materials, except food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and mixed waste, including food waste, in the solid waste container.
Not place and/or direct its generators to not place prohibited container contaminants in collection containers and not place materials designated for the organic materials containers or recyclable materials containers in the solid waste containers.
D. 
Option 2. Two-container collection service (organic materials container/solid waste container system or recyclable materials container/solid waste container system) (choose Option 2a or 2b).
1. 
Option 2a – Organic Materials Container/Solid Waste Container. Place and/or direct its generators to place only source separated organic materials in an organic materials container. Generator shall place all other materials (mixed waste) in a solid waste container.
2. 
Option 2b – Recyclable Materials Container/Solid Waste Container. Place and/or direct its generators to place only source separated recyclable materials in a recyclable materials container; and place and/or direct its generators to place all other materials (mixed waste) in a solid waste container.
Not place and/or direct its generators to place prohibited container contaminants in collection containers.
E. 
Option 3 – An Unsegregated Single Container (One-Container) Collection Service.
1. 
Place and/or direct its generators to place all materials (mixed waste) in a solid waste container.
Not place and/or direct its generators to not place prohibited container contaminants in collection containers.
Nothing in this section prohibits a responsible party or generator of a single-family residence from preventing or reducing discarded materials generation, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(Ord. 760 § 6, 2002; Ord. 920 § 1, 2021)
"Residential premises/establishments"
shall mean and include every lot in the city upon which is situated one to three dwelling units, including planned development projects as defined in this code, and any other parcel which has been improved with a so-called residential dwelling unit designed and used as living quarters by human beings. Residential premises shall not include hotels, motels, lodge halls, clubs, tourist camps, trailer camps, churches, business and industrial establishments or any lot containing more than three dwelling units or upon which commercial or industrial occupation is conducted.
(Ord. 760 § 6, 2002; Ord. 920 § 1, 2021)
A. 
An annual solid waste collection service charge is levied upon each parcel of real property in the city of Bell Gardens for the services and facilities furnished by the city in connection with the preparation, adoption and administration of the city of Bell Gardens source reduction and recycling element and the household hazardous waste element.
B. 
The amount of the service charge for each parcel shall be computed by multiplying the solid waste collection unit charge by the number of solid waste collection units for the current land use for the parcel (see Table A attached to the ordinance codified in this section). The solid waste collection unit charged will be as defined as the contract rate in accordance with the franchise agreement, as adopted by the city council.
C. 
The annual service charge is subject to any limitations of Proposition 218, in compliance with California Constitution Article XIIID (Proposition 218) and the Proposition 218 Omnibus Implementation Act (Govt. Code Section 53750 et seq.).
(Ord. 760 § 6, 2002; Ord. 920 § 1, 2021)
The solid waste collection service charge shall be collected for each fiscal year on the tax roll in the same manner, by the same persons, at the same time as, together with and separately from, the general taxes of the county of Los Angeles.
(Ord. 760 § 6, 2002; Ord. 920 § 1, 2021)
In the event any solid waste collection service charge shall have been erroneously paid or overpaid, it may be refunded. If property owner subscribes for solid waste collection services from a franchised commercial hauler in the city of Bell Gardens and provides proof of said service, a refund may be applied for from the public works department.
(Ord. 760 § 6, 2002; Ord. 920 § 1, 2021)
A. 
De Minimis Waivers for Commercial/Multifamily Establishments That Are Not in Low-Population Areas, and Subscribe to a Three-, Three-Plus, or Two-Container System per 14 CCR Section 18984.11. The city may waive a responsible party's obligation to comply with some or all recyclable materials and organic waste requirements of the city's municipal code if the responsible party of the commercial/multifamily establishment provides documentation that the commercial/multifamily establishment meets one of the criteria in subsections (A)(1) and (2) of this section. For the purposes of subsections (A)(1) and (2) of this section, the total solid waste shall be the sum of weekly container capacity measured in cubic yards for refuse, recyclable materials, and organic materials collection service.
1. 
The commercial/multifamily establishments' total solid waste collection service is two cubic yards or more per week and recyclable materials and organic materials subject to collection in recyclable materials container(s) or organic materials container(s) comprise less than 20 gallons per week per applicable material stream of the commercial/multifamily establishments' total waste (i.e., recyclable materials in the recyclable materials stream are less than 20 gallons per week or organic materials in the organic materials stream are less than 20 gallons per week); or
2. 
The commercial/multifamily establishments' total solid waste collection service is less than two cubic yards per week and recyclable materials and organic materials subject to collection in a recyclable materials container(s) or organic materials container(s) comprise less than 10 gallons per week per applicable material stream of the commercial/multifamily establishments' total waste (i.e., recyclable materials in the recyclable materials stream are less than 10 gallons per week or organic materials in the organic materials stream are less than 10 gallons per week).
B. 
Physical Space Waivers for Commercial/Multifamily Establishments That Are Not in Low-Population Areas, and Subscribe to a Three-, Three-Plus, or Two-Container System per 14 CCR Section 18984.11. The city may waive a commercial/multifamily establishments obligation 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 recyclable materials containers and/or organic materials containers required for compliance with the recyclable materials and organic materials collection requirements of BGMC § 16.12.100 and § 16.12.107, as applicable.
C. 
Review and Approval of Waivers by City. Waivers shall be granted to responsible parties by city according to the following process:
1. 
Responsible parties of premises seeking waivers shall submit a completed application form to the city manager or their designee for a waiver specifying the waiver type requested, type(s) of collection services for which they are requesting a waiver, the reason(s) for such waiver, and documentation supporting such request.
2. 
Upon waiver approval, the city shall specify that the waiver is valid for five years.
3. 
Waiver holder shall notify the city if circumstances change such that commercial/multifamily establishments may no longer qualify for the waiver granted, in which case waiver will be rescinded.
4. 
Any waiver holder must cooperate with the city for compliance inspections and enforcement as stated in BGMC § 16.12.129.
5. 
Waiver holder shall reapply to the city manager or their designee for a waiver upon the expiration of the waiver period and shall submit any required documentation, and/or fees/payments as required by the city. Failure to submit a completed application shall equate to an automatic denial of said application.
6. 
City manager may revoke a waiver upon a determination that any of the circumstances justifying a waiver are no longer applicable.
(Ord. 920 § 1, 2021)
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 the city's municipal code by generators, responsible parties of commercial/multifamily establishments, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the 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 representative or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of the city's municipal code. Failure of a responsible party 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 the city's municipal code and may result in penalties described in BGMC § 16.12.129.
C. 
Any records obtained by the 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 the city's municipal code, 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.
(Ord. 920 § 1, 2021)
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: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
3. 
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).
b. 
A copy of all contracts or written agreements 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).
(Ord. 920 § 1, 2021)
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.
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 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). The annual report shall be submitted to the city no later than August 15, 2022, and March 31st for each year thereafter.
D. 
In order to support edible food recovery capacity planning assessments or other studies conducted by the city or county of Los Angeles, 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 time frame is otherwise specified by the city.
(Ord. 920 § 1, 2021)
A. 
Violation of any provision of this chapter relating to the requirements set forth in SB 1383 constitutes grounds for issuance of a notice of violation and assessment of a fine by a city enforcement official or representative. 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 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 the city's municipal code, except as otherwise indicated in the city's municipal code.
B. 
Process for Enforcement.
1. 
City enforcement officials and/or their designee will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. BGMC § 16.12.126 establishes the city's right to conduct inspections and investigations.
2. 
City may issue an official notification to notify regulated entities of its obligations under this chapter.
3. 
For incidences of prohibited container contaminants found in containers, city or franchisees will issue a notice of contamination to any generator or responsible party found to have prohibited container contaminants in a container. Such notice will be made immediately upon identification of the prohibited container contaminants. If the city or franchisees observe prohibited container contaminants in a responsible party's containers on more than three occasion(s), the city may assess contamination processing fees or contamination penalties on the generator.
4. 
With the exception of violations of contamination of container contents addressed under this section, city shall issue a notice of violation requiring compliance within 60 days of issuance of the notice.
5. 
Absent compliance by the respondent within the deadline set forth in the notice of violation, city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the city's policy/ordinance/guidelines or requirements contained in this section.
Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the city or, if no such address is available, to the owner at the address of the commercial/multifamily establishment or to the responsible party for the collection services, depending upon available information.
C. 
Penalty Amounts for Types of Violations. The penalty levels are as follows:
1. 
For a first violation, the amount of the base penalty shall be $50.00 to $100.00 per violation.
2. 
For a second violation, the amount of the base penalty shall be $100.00 to $200.00 per violation.
3. 
For a third or subsequent violation, the amount of the base penalty shall be $250.00 to $500.00 per violation.
D. 
Factors Considered in Determining Penalty Amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:
1. 
The nature, circumstances, and severity of the violation(s).
2. 
The violator's ability to pay.
3. 
The willfulness of the violator's misconduct.
4. 
Whether the violator took measures to avoid or mitigate violations of this chapter.
5. 
Evidence of any economic benefit resulting from the violation(s).
6. 
The deterrent effect of the penalty on the violator.
7. 
Whether the violation(s) were due to conditions outside the control of the violator.
E. 
Compliance Deadline Extension Considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. 
Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2. 
Delays in obtaining discretionary permits or other government agency approvals; or
3. 
Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
F. 
Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with city's procedures in the city's codes for appeals of administrative citations. Evidence may be presented at the hearing. The city will appoint a hearing officer who shall conduct the hearing and issue a final written order.
G. 
Education Period for Noncompliance. Beginning January 1, 2022, and through December 31, 2023, city will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if city determines that generator, responsible party, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under the city's municipal code and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
H. 
Civil Penalties for Noncompliance. Beginning January 1, 2024, if the city determines that a generator, responsible party, 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 the city's municipal code, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed.
(Ord. 920 § 1, 2021)
"CalRecycle"
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 jurisdictions (and others).
(Ord. 920 § 1, 2021)
"Community composting"
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).
(Ord. 920 § 1, 2021)
"Designee"
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.
(Ord. 920 § 1, 2021)
"Divert" or "diversion"
(or any variation thereof) means to prevent discarded materials from disposal at landfill or transformation facilities (including facilities using incineration, pyrolysis, distillation, gasification, or biological conversion methods) through source reduction, reuse, recycling, composting, anaerobic digestion or other method of processing, subsequent to the provisions of AB 939. Diversion is a broad concept that is to be inclusive of material handling and processing changes that may occur over the term including, but not limited to, changes in standard industry practice or implementation of innovative (but not necessarily fully proven) techniques or technology that reduce disposal risk, decrease costs and/or are for other reasons deemed desirable by the city.
(Ord. 920 § 1, 2021)
"Edible food"
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.
(Ord. 920 § 1, 2021)
"Excluded waste"
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 the 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 residential 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. Excluded waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the city's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the city or its designee for collection services.
(Ord. 920 § 1, 2021)
"Food recovery service"
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).
(Ord. 920 § 1, 2021)
"Food scraps"
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.
(Ord. 920 § 1, 2021)
"Food-soiled paper"
is compostable paper material that has come into contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
(Ord. 920 § 1, 2021)
"High diversion organic waste processing facility"
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 percent between January 1, 2022, and December 31, 2024, and 75 percent 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).
(Ord. 920 § 1, 2021)
"Inspection"
means a site visit where a city reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of recyclable materials, organic waste, solid waste/mixed 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).
(Ord. 920 § 1, 2021)
"Large event"
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.
(Ord. 920 § 1, 2021)
"Large venue"
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.
(Ord. 920 § 1, 2021)
"Organic materials"
means yard trimmings, food scraps, and food-soiled papers that are set aside, handled, packaged, or offered for collection in a manner different from solid waste for the purpose of processing.
(Ord. 920 § 1, 2021)
"Organic waste"
means solid wastes containing material originating 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).
(Ord. 920 § 1, 2021)
"Printing and writing papers"
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).
(Ord. 920 § 1, 2021)
"Premises"
means and includes any land, building and/or structure, or portion thereof, in the city where discarded materials are produced, generated, or accumulated. All structures on the same legal parcel which are owned by the same person shall be considered as one premises.
(Ord. 920 § 1, 2021)
"Processing"
means the controlled separation, recovery, volume reduction, conversion, or recycling of solid waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20).
(Ord. 920 § 1, 2021)
"Prohibited container contaminants"
means:
A. 
Three-Container or Three-Plus-Container Collection Service (Recyclable Materials Container, Organic Materials Container, and Solid Waste Containers). "Prohibited container contaminants" means the following: (1) discarded materials placed in the recyclable materials container that are not identified as acceptable source separated recyclable materials for the city's recyclable materials container; (2) discarded materials placed in the organic materials container that are not identified as acceptable source separated organic materials for the city's organic materials container; (3) discarded materials placed in the solid waste container that are acceptable source separated recyclable materials and/or source separated organic materials to be placed in city's organic materials container and/or recyclable materials container; and (4) excluded waste placed in any container.
B. 
Two-Container Collection Service for Source Separated Organic Materials and Mixed Materials. "Prohibited container contaminants" means the following: (1) discarded materials placed in an organic materials container that are not identified as acceptable source separated organic materials for the city's organic materials container; (2) discarded materials placed in the solid waste container that are identified as acceptable source separated organic materials, which are to be separately collected in city's organic materials container; and (3) excluded waste placed in any container.
C. 
Two-Container Collection Service for Source Separated Recyclable Materials and Mixed Materials. "Prohibited container contaminants" means the following: (1) discarded materials placed in a recyclable materials container that are not identified as acceptable source separated recyclable materials for city's recyclable materials container; (2) discarded materials placed in the solid waste container that are identified as acceptable source separated recyclable materials, which are to be separately collected in city's recyclable materials container; and (3) excluded waste placed in any container.
D. 
One-Container Collection Service. "Prohibited container contaminants" means excluded waste placed in any container.
(Ord. 920 § 1, 2021)
"Refuse"
means solid waste or debris, except sewage, construction and demolition debris, recyclable materials, and/or organic waste placed in containers for collection.
(Ord. 920 § 1, 2021)
"Responsible party"
means the owner, property manager, tenant, lessee, occupant, or other designee that subscribes to and pays for recyclable materials, organic materials, and/or solid waste collection services for a premises in the city, or, if there is no such subscriber, the owner or property manager of a single-family residence, or commercial/multifamily establishment. In instances of dispute or uncertainty regarding who is the responsible party for a single-family residence or commercial/multifamily establishment, "responsible party" shall mean the owner of a single-family residence, or commercial/multifamily establishment.
(Ord. 920 § 1, 2021)
"Route review"
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).
(Ord. 920 § 1, 2021)
"SB 1383"
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.
(Ord. 920 § 1, 2021)
"Self-hauler"
means a person who hauls refuse, organic waste or recyclable material they have generated to another person. Self-hauler also includes a landscaper, or a person who back-hauls waste. "Back-haul" means generating and transporting recyclable materials or organic waste to a destination owned and operated by the generator or responsible party using the generator's or responsible party's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
(Ord. 920 § 1, 2021)
"Tier one commercial edible food generator"
means a commercial edible food generator that is one of the following:
A. 
Supermarket.
B. 
Grocery store with a total facility size equal to or greater than 10,000 square feet.
C. 
Food service provider.
D. 
Food distributor.
E. 
Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.
(Ord. 920 § 1, 2021)
"Tier two commercial edible food generator"
means a commercial edible food generator that is one of the following:
A. 
Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
B. 
Hotel with an on-site food facility and 200 or more rooms.
C. 
Health facility with an on-site food facility and 100 or more beds.
D. 
Large venue.
E. 
Large event.
F. 
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.
G. 
A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.
(Ord. 920 § 1, 2021)