Chapter 8.01 — COLLECTION OF SOLID WASTE

The words and phrases contained in this chapter shall have the meaning commonly associated with them unless special meaning is ascribed to them by the California Public Resources Code or the California Code of Regulations (as either may be amended from time to time) in which case such meaning shall apply; except that the following words shall, for the purpose of this chapter, be defined as follows:

A. "AB 939" shall mean that State legislation commonly known as the California Integrated Waste Management Act (Stats. 1989, Chapter 1095, as amended) as codified in Public Resources Code Section 49000, et seq.

B. "Bins" shall mean a metal container, commonly referred to as dumpsters, including compactors and any similar such devices, with a capacity of under ten (10) cubic yards.

C. "Cart" means a plastic container provided by a franchisee for collection, with a hinged lid and wheels serviced by an automated process, as opposed to a manual process of lifting and dumping.

D. "City" means the City of Adelanto.

E. "City Manager" means the City Manager of the City or his duly-authorized representative or designee.

F. "Collect" or "Collection" or "Collecting" shall mean to take physical possession of, transport, and remove solid waste from a premises.

G. "Commercial Premises" means premises upon which business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding residential premises upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the property. Notwithstanding any provision to the contrary herein, for purposes of this chapter, premises upon which hotels and motels are operated shall be deemed to be commercial premises.

H. "Container" means any and all types of solid waste receptacles, including carts, bins, and rolloff boxes.

I. "Franchisee" means a person, persons, firm or corporation that has been issued a franchise by the City to provide solid waste handling services within the City.

J. "Hazardous Waste" means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State of California in Health and Safety Code Sections 25110.02, 25115 and 25117, or in the future amendments to or re- codifications of such statutes, or identified and listed as hazardous waste by the U.S. Environmental Protection Agency (EPA) pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. § 6901, et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.

K. "Multi-Family Dwelling" means either (i) any building or lot containing four (4) or more dwelling units; or (ii) any building or lot containing two (2) or more dwelling units which franchisee determines (and City agrees) must receive solid waste handling services through the use of shared bins, since they are not reasonably able to receive individualized solid waste handling services through the use of carts or customer-provided containers. Any ambiguity as to whether a customer's premises qualifies as a single-family dwelling or multi-family dwelling shall be resolved by the City Manager whose decision shall be final.

L. "Premises" shall mean any land, building and/or structure within the City limits where solid waste is generated or accumulated.

M. "Person" means any individual, firm, corporation, association, group or other entity.

N. "Recycle" or "Recycling" means the process of collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become solid waste and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards used in the marketplace.

O. "Recyclable Material" means that solid waste capable of being recycled, including but not limited to glass, newsprint, newspaper, aluminum, cardboard, certain plastics or metal.

P. "Residential Premises" shall mean all premises upon which dwelling units exist. Notwithstanding any provision to the contrary herein, for purposes of this chapter, premises upon which hotels and motels are operated shall be deemed to be commercial premises.

Q. "Rolloff Box" means containers of ten (10) cubic yards or larger, including compactors.

R. "Self Hauler" means any person or entity that, pursuant to Section8.01.090 of this chapter, provides for the collection, transportation and disposal of solid waste generated by his/her/its own premises.

S. "Single-Family Dwelling" means a building or lot containing one (1) dwelling unit, and for purposes of this agreement includes buildings and lots with more than one (1) dwelling unit where such dwelling units are determined by the City to be reasonably able to receive individualized solid waste handling service by the automated process utilizing carts. Any ambiguity as to whether a premises qualifies as a single-family dwelling or multi-family dwelling shall be resolved by the City Manager.

T. "Solid Waste" shall mean and include all discarded putrescible and non-putrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, rubbish, construction waste, industrial waste, commercial solid waste, and any other discarded solid, semisolid and liquid waste permitted to be disposed of at a Class III landfill and which are included within the definition of "Nonhazardous Solid Waste" set forth in the California Code of Regulations, as it may be amended from time to time. “Solid Waste” does not include hazardous waste (Class I), low-level radioactive waste, untreated medical waste, or special wastes as defined herein.

U. "Special Wastes" shall mean wastes other than solid waste, including sewage, sludge, industrial sludge, asbestos, auto bodies, tires, used motor oil, hazardous waste, animal body parts, explosive substances, radioactive materials, acids, solvents and other materials which may not be disposed of at a Class III landfill or which require special handling.

V. "Yard Waste" means all leaves, grass cuttings and shrubs that accompany routine household or property maintenance functions.

[Ord. No. 499, 5/26/10.]

The City Council may by resolution or ordinance grant one (1) or more franchises for solid waste handling services related to solid waste generated within the City.

[Ord. No. 499, 5/26/10.]

A. Arrangements for Removal of Solid Waste Mandatory. Except as otherwise provided in this chapter, the owner, property manager, tenant and/or person in charge or control of each residential premises and each commercial premises in the City shall either (i) subscribe to solid waste handling services with a franchisee for said premises; or (ii) obtain and maintain registration as a self-hauler as set forth in this chapter in connection with said premises.

B. Exception; Vacant Premises. The above requirement to provide for solid waste handling services shall not apply in connection with any residential premises at which all dwelling units are vacant, or commercial premises that are vacant, for a period of one hundred twenty (120) days or more, provided this exception shall only apply during the period of vacancy. Any person seeking to avail himself/herself of the exception provided herein shall bear the burden of providing reasonable evidence to City, pursuant to such regulations or guidelines as the City Manager is hereby authorized to develop, demonstrating the premises was vacant for the period in question.

[Ord. No. 499, 5/26/10.]

A. It is unlawful, and a public nuisance, for any person to occupy or inhabit any property within the City for which arrangements have not been made and kept in full force and effect for solid waste handling services in a manner consistent with the provisions hereof.

B. The keeping of solid waste in containers other than those prescribed by this chapter, or the keeping upon premises of solid waste which is offensive, obnoxious or unsanitary, is unlawful, constitutes a public nuisance, and may be abated in the manner provided by law for the abatement of nuisances.

[Ord. No. 499, 5/26/10.]

A. Every owner, occupant or person in possession, charge or control of any premises within the City shall deposit or cause to be deposited all solid waste generated or accumulated on such premises, and intended for collection and disposal, in sealed, watertight bins, carts, rolloff boxes or other containers that are either (i) provided by, or acceptable to, a franchisee; or (ii) approved by the City Manager for self-hauling purposes pursuant to this chapter. No owner, occupant or person in possession, charge or control of any premises shall utilize a bin, cart, rolloff box or other container not in conformance with the requirements hereof for the collection, accumulation or storage of solid waste.

B. No bin, cart, rolloff box or other container shall be placed adjacent to or in a street or public right-of-way for collection service more than twenty-four (24) hours prior to the normal collection time, and all containers so placed shall be removed from the street or right-of- way within twelve (12) hours after collection.

C. Container lids shall remain closed at all times that the container is unattended. If the solid waste contained within a bin, cart, rolloff box or other container exceeds the actual capacity of the container, then a larger container or multiple containers must be utilized. Any solid waste that does not reasonably fit within a container (such as furniture or other large bulky items) must be covered and protected, as by a tarp, netting or other secured material, in order to prevent the scattering of debris by natural forces such as wind or animals. The owner, tenant, occupant and/or person or entity in control of a premises shall be responsible for the clean-up of any solid waste spilled, dumped or scattered as a result of a container overflow.

D. It is unlawful for any person to share, place solid waste in, or to otherwise use the bin, cart, rolloff box or other container of another person or business. Notwithstanding anything contained herein to the contrary, the sharing of containers shall be permitted under the following conditions:

1. The owner, property manager or person in charge or control of a premises upon which a multi-family dwelling exists may arrange

for containers for shared use by the occupants, tenants or persons in possession of the dwelling units on such premises.

2. The occupants of a single commercial building or contiguous and adjacent commercial buildings may share a container for solid

waste handling services at a common location, subject to approval of the City Manager, which approval may be delegated to a franchisee. Approval by the City Manager shall be based upon (i) the type of solid waste generated by each commercial premises; and (ii) the number of containers and frequency of solid waste collection needed to protect the public health, welfare and safety.

E. It is unlawful to use any bin, cart, rolloff box or other container furnished by a franchisee for any purpose other than the collection, accumulation and storage of solid waste; or to convert or alter such containers for other uses; or to intentionally damage such containers.

F. All containers used for the collection of solid waste at single-family dwellings shall be stored out of public view in a side or rear

yard or an enclosed garage except on collection day. If the physical design of the dwelling does not allow for obscuring containers from public view because of the type of fencing or lack thereof, containers shall be stored in an area adjacent to the dwelling at the point furthest from the closest street or roadway or in an enclosure adjacent to the dwelling designed to conform with the exterior design of the dwelling.

[Ord. No. 499, 5/26/10.]

A. Residential Premises. With the exception of vacant premises meeting the provisions of Section 08.01.030B., not less than once per week, every owner, occupant or person in possession, charge or control of any residential premises within the City shall remove by self-hauling (as provided herein) or cause to be removed by subscription to services provided by a franchisee all solid waste stored, generated, collected or accumulated on such premises.

B. Commercial Premises. With the exception of vacant premises meeting the provisions of Section 08.01.030B., not less than once per week, every owner, occupant or person in possession, charge or control of any commercial premises within the City shall remove by self-hauling (as provided herein), or cause to be removed by subscription to services provided by a franchisee, all solid waste stored, generated, collected or accumulated on such premises.

C. Modifications to Collection Frequency. The City Manager may provide written notice to the owner of any premises that the above minimum removal requirements are not sufficient to avoid the creation of a public nuisance due to unique circumstances at such premises. City may direct that solid waste shall be removed by the owner of any premises so notified on a more frequent schedule (as determined by City) and/or that additional or larger containers shall be utilized (as determined by City).

[Ord. No. 499, 5/26/10.]

A. It is unlawful for any person other than a franchisee (or its agents and employees) to collect any discarded solid waste including recyclable material, or otherwise provide solid waste handling services within the City. This prohibition shall not, however, apply to:

1. Registered self-haulers as defined in this chapter;

2. The owner, tenant or occupant of residential or commercial premises who has subscribed for and is receiving solid waste

handling services with a franchisee, when such owner, tenant or occupant is hauling materials generated at his/her own premises to a lawful disposal or recycling facility. This exemption does not permit the hiring of any person or entity, other than a franchisee, to haul solid waste from one's own premises;

3. The collection, transportation and disposal of construction and demolition debris by a contractor, handyman, repairman or other

similar service provider as an incidental part of the services provided to its customers rather than as a hauling service, provided that such solid waste is not collected or transported by a third party hired for the primary purpose of collecting and transporting said materials, and further provided that such services comply with any ordinances, policies and regulations of the City relating to the collection of such materials;

4. The collection, transportation and disposal of yard waste, green waste and related solid waste by a gardener or landscaper as an

incidental part of the gardening or landscaping services provided to its customers, rather than as a hauling service, provided that such solid waste is not collected or transported by a third party hired for the primary purpose of collecting and transporting said materials;

5. Any person or entity collecting recyclable material sold or donated to it by the person or entity that generated such recyclable

material (the "generator") provided, however, to the extent permitted by law, if the generator is required to pay monetary or non- monetary consideration for the collection, transportation, transfer or processing of recyclable material, the fact that the generator receives a reduction or discount in price therefor (or in other terms of the consideration the generator is required to pay) shall not be considered a sale or donation.

B. It is unlawful for any person, other than the owner, occupant or person in possession, charge or control of any residential or commercial premises, or a person authorized by law (such as a franchisee), to remove any bin, cart, rolloff box or other container from any such premises or from any location where it was lawfully placed for collection, without the prior written approval of the owner, occupant or person in possession, charge or control of such premises.

C. No person shall place solid waste adjacent to a street or public right-of-way for collection by a franchisee without having first subscribed for solid waste handling services with such franchisee.

D. No person shall burn any solid waste within the City, except in an approved incinerator or other device for which a permit has been issued by the building official and fire marshal, and which complies with all applicable local, state and/or federal permit requirements, laws, rules and regulations.

E. It is unlawful for any person, other than a franchisee, to take, remove or appropriate for his/her own use any solid waste, including recyclable materials, which has been placed in any street or alley for collection or removal by a franchisee, regardless of whether the solid waste is placed in a bin, cart, rolloff box or other container.

[Ord. No. 499, 5/26/10.]

Any person who generates solid waste in connection with the construction of a new building, a building addition, remodel, or the demolition of any structure for which a building permit is required, shall either make arrangements for solid waste handling service with the use of containers from a franchisee, be registered to self haul such solid waste in the manner set forth herein, or make arrangements pursuant to Section 08.01.070A.3. In addition to constituting a violation of this chapter, failure to produce evidence of compliance with this Section upon the request of a City building inspector, code enforcement officer or other City officer shall result in the red-tagging of

the project by the City and a requirement that all work cease until compliance with this Section.

[Ord. No. 499, 5/26/10.]

A. Self haulers registered and operating in accordance with this chapter are only permitted to collect, transport and dispose of solid waste generated by and upon the self hauler's own premises. Under no circumstances may a self hauler collect, transport or dispose of solid wastes generated upon premises that are not owned, operated or controlled by the self hauler. Notwithstanding any other provision of this chapter, registered self haulers shall not be permitted to share, place solid waste in, or to otherwise use the bin, cart, rolloff box, or other container of another person or business.

B. Registration. All self haulers shall subscribe to the following registration requirements:

1. Each self hauler shall obtain registration from the City Manager. Self haulers must renew their registrations the commencement

of each fiscal year. Initial applications following the adoption of these regulations, for the 2010-2011 fiscal year, must be submitted to the City Manager on or before January 1, 2010.

2. The application to register for self-hauling, whether upon initial application or renewal, shall include the following: (i) a list of all

bins, carts, rolloff boxes and other containers to be used by the self hauler; (ii) a list of all transport and disposal equipment to be used by the self hauler; (iii) a written explanation of where all solid waste will be delivered for disposal and diversion; (v) a written plan explaining to the reasonable satisfaction of the City Manager how not less than fifty percent (50%) of solid waste collected will be diverted from disposal in compliance with AB 939; and (vi) any other information deemed necessary by the City Manager to ensure protection of public health, safety and sanitary needs.

3. Renewal applications shall additionally include: (i) receipts from self-hauling activities undertaken in the prior year demonstrating

that the applicant has effectively diverted at least fifty percent (50%) of all solid waste generated at its premises from landfills in a manner that complies with the requirements of AB 939; and (ii) receipts from self-hauling activities undertaken in the prior year demonstrating that the applicant has delivered solid waste generated at its premises to appropriate disposal or recycling facilities at least as frequently as collection is required for such self hauler by the City Manager.

4. The City Manager shall approve the application if it meets the requirements of this Section, and if the equipment, containers,

diversion plan and disposal plan meet with his reasonable satisfaction, and if evidence of past diversion and disposal requirements demonstrate the applicant has complied with the fifty percent (50%) diversion requirement and otherwise complied with all laws related to disposal of solid waste.

C. Containers. Each self hauler shall provide its own bins, carts, rolloff boxes or other containers. Bins, carts, rolloff boxes or other containers utilized by a self hauler must conform to industry standards for solid waste disposal and must be approved by the City Manager in writing prior to issuance of a self-hauler registration. In addition, any containers utilized by a self hauler shall comply with the following requirements:

1. All containers shall be maintained in good repair, and any question as to the meaning of this standard shall be resolved by the

City Manager.

2. All containers shall be maintained in a sealed, watertight condition.

3. Self haulers shall remove any graffiti that appears on containers within twenty-four (24) hours after becoming aware of it.

D. Collection and Transport Equipment. Collection and transport equipment, including but not limited to transport trucks and vehicles, utilized by a self hauler must be approved by the City Manager in writing prior to issuance of a self-hauler registration.

E. Non-Commercial Venture. It is the intent of this chapter to prevent and proscribe self-hauling activities undertaken as a commercial enterprise. Self haulers must obtain all equipment, including containers and collection and transportation equipment, at a fair market value that does not include any hauling services, "free" or otherwise. A self hauler may utilize its own employees to undertake self- hauling activities, but under no circumstance may a self hauler utilize an independent contractor or any other person or entity for solid waste handling services other than a franchisee.

F. Other Recycling Obligations. Self haulers shall recycle all recyclable materials not otherwise addressed by this Section to a degree and in a manner consistent with standards generally applicable to the solid waste industry and as required by State law.

G. Collection Frequency. Unless otherwise specifically provided in this chapter, self haulers shall remove solid waste from their premises at least once per week. However, upon application to the City for a self-hauler permit, the City Manager may determine a different frequency for solid waste collection, transport and disposal from the self hauler's premises. This determination shall be based upon the nature of the premises, the type of solid waste generated by the premises, and the collection capacity of the self hauler as demonstrated by information in the application.

H. Hazardous and Special Wastes. Unless lawfully and currently licensed under state, federal and local laws, no self hauler shall engage in the collection, transport or disposal of hazardous waste or special wastes.

I. Revocation. The City Manager may revoke a self-hauler permit if the permittee either (i) fails to divert at least fifty percent (50%) of all solid waste generated at its premises from landfills in a manner that complies with the requirements of AB 939; or (ii) fails to deliver solid waste generated at its premises to appropriate disposal or recycling facilities at least as frequently as collection is required for such self hauler by the City Manager.

[Ord. No. 499, 5/26/10.]

In order to ensure the uniform collection of rates charged by franchisees for solid waste handling service, the City Council may, by resolution, request that collection of such rates be placed on the County of San Bernardino Tax Assessor's Tax Rolls.

[Ord. No. 499, 5/26/10.]

A. Definitions. For purposes of this Section, the following definitions shall apply, unless the context clearly indicates otherwise:

1. “Business” means any commercial or public entity that generates four cubic yards or more of Commercial Solid Waste per week.

Business includes, but is not limited to: a firm, partnership, proprietorship, joint-stock company, corporation, or association that is organized as a for-profit or nonprofit entity, strip mall, industrial facility, school, school district, special district, or a federal, State, local, or regional agency or facility. Business also includes any Multi-Family Residential Dwelling.

2. “Commercial Solid Waste” means and includes all types of solid waste, including recyclable materials that are discarded from

Businesses, but does not include waste from single family residences or multi-family residential dwellings of less than five units.

3. “Multi-Family Residential Dwelling” means any residential dwelling property with five or more units in the City, regardless of the

amount of Commercial Solid Waste it generates.

4. “Source Separate” means the process of removing recyclable materials from solid waste at the place of generation, prior to

collection, and placing them into separate containers that are separately designated for recyclables.

B. Requirements. Every Business within the City shall reuse, recycle, compost, or otherwise divert its Commercial Solid Waste from disposal by taking one, or any combination, of the following actions:

1. Source Separate recyclable materials from solid waste being discarded, and subscribe with the City's franchise hauler for pickup

of recyclable materials separately from solid waste.

2. Source Separate recyclable materials from solid waste being discarded, and self-haul recyclable materials to a certified Materials

Recovery Facility (“MRF”) or other mixed waste processing facility.

C. Multi-Family Residential Dwellings. To comply with the requirements of this Section, property owners of Multi-Family Residential Dwellings may require tenants to Source Separate their recyclable materials. Tenants of Multi-Family Residential Dwellings shall be required to Source Separate their recyclable materials, upon reasonable request by the property owner.

D. Enforcement.

1. Any Business that violates this Section shall be subject to the penalties provided by AMC section8.01.110, subdivisions (B)

through (D).

2. Each Business shall be responsible for ensuring and demonstrating its compliance with the requirements of this Section.

3. Each Business shall provide satisfactory proof of acceptable levels of waste diversion to the City, upon reasonable request by

the City Manager or the City Manager's designee.

4. Nothing in this Section shall prevent or limit the existing right of any Business to donate, sell, or otherwise dispose of its

recyclable materials pursuant to Public Resources Code section 41952.

[APUA Ord. No. 5, Section 2, 6/28/17]

A. Unauthorized Containers. In addition to any other penalties and/or remedies as set forth in this chapter or provided for by law, any container placed within the City for the collection of solid waste in violation of Section 08.01.070 (hereinafter "Unauthorized Container(s)") may be impounded as set forth herein.

1. The City Manager may cause a notice to be placed in a conspicuous place on any unauthorized container directing that it be

removed. The notice shall specify the nature of the violation and shall state that the bin, drop-off box, trailer or waste receptacle must be removed within twenty-four (24) hours or it may be removed and stored by the City, and the contents disposed of, at the expense of the owner thereof. The notice shall indicate the time that it was posted and shall include the name and phone number of a person designated by the City to hear any appeal or challenge to the requirement that the container be removed; and, further, shall indicate that any appeal of the order for removal must occur within twenty-four (24) hours of the posting of the notice. The posting of a notice to remove shall constitute constructive notice to the owner and user of the requirement to remove the unauthorized container, and a copy of the notice shall be provided to owner of the unauthorized container once said owners identity is ascertained by City, and if not provided sooner, a copy of the notice shall be provided at such time as the owner of the unauthorized container seeks to retrieve any such container removed hereunder.

2. If within twenty-four (24) hours after a notice to remove is posted on an unauthorized container a request for an appeal has not

been received and the bin, drop-off box, trailer or waste receptacle is not removed, the City Manager may direct the removal and storage of the unauthorized container. In addition, if the contents of the container is either comprised of a substantial amount of petrusible solid waste, or determined by the City Manager to create a threat to health and safety if not disposed of immediately, the City Manager may direct that the contents of the container be disposed of. The owner of the unauthorized container shall be responsible to reimburse the City for the actual cost of removal, storage and disposal. All amounts due to the City for the cost of removal, storage and disposal must be paid before the unauthorized container may be returned to the owner. Such amounts shall constitute a debt owed by the owner to the City, and the owner shall be liable to the City in an action brought by the City for the recovery of such amounts.

3. Between the date following the date upon which any unauthorized container is removed by the City, and the date which is five (5)

business days following its retrieval from City, the owner of the unauthorized container may request a hearing to appeal the City's determination that the container is an unauthorized container subject to removal by City as set forth herein. The City Manager shall establish a procedure for such a hearing and the method for requesting such a hearing shall be included on the notice to remove. If the appeal is granted, any payments due to City shall be forgiven and any amounts paid reimbursed.

4. If the identity of the owner of an unauthorized container that has been removed by the City is known to the City Manager, the

City Manager shall promptly cause a copy of the notice to remove to be mailed to the owner along with a request that the owner to claim the stored property. If the unauthorized container is not claimed within ninety-five (95) days after mailing of the notice to the owner, or ninety (90) days after removal if the identity of the owner is unknown to the City Manager, the unauthorized container and its contents shall be deemed abandoned property and may be disposed of accordingly. The notice to be posted on unauthorized containers shall specify that the forgoing procedure related to abandonment will apply.

B. Penalty. Any person who violates any provision of this chapter shall be guilty of a separate offense for each and every day, or any portion thereof, of which any violation of any provision of this chapter is committed, continued, or permitted by such person, and shall be punishable as misdemeanor or an infraction, at the discretion of the City Manager.

1. Penalty for Misdemeanor Violation. Any person convicted of a misdemeanor under any provision of this chapter shall be

punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the City or County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

2. Penalty for Infraction Violation. Any person convicted of an infraction under any provision of this chapter shall be punished by:

a. A fine not exceeding one hundred dollars ($100.00) for a first violation;

b. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one (1) year; and

c. A fine not exceeding five hundred dollars ($500.00) for a third and for any additional violation of the same provision within one

(1) year.

C. Violations Deemed to be a Public Nuisance. In addition to any penalties otherwise imposed, any violation of the provisions of this chapter is deemed to be a public nuisance which may be abated in the manner provided by law for the abatement of nuisances.

D. Attorney Fees. In addition to any civil and criminal penalties as provided by the provisions of this chapter or otherwise, the City may recover reasonable attorneys' fees and court costs other such expenses of litigation and/or prosecution as it may occur by appropriate suit at law against the person found to have violated any provisions of this chapter.

[Ord. No. 499, 5/26/10.]

A. Definitions. For purposes of this Section, the following definitions shall apply, unless the context clearly indicates otherwise:

1. "Business" means any commercial or public entity that generates two (2) cubic yards or more of Commercial Solid Waste per

week. Business includes, but is not limited to: a firm, partnership, proprietorship, joint-stock company, corporation, or association that is organized as a for-profit or nonprofit entity, strip mall, industrial facility, school, school district, special district, or a federal, State, local, or regional agency or facility. Business also includes any Multi-Family Residential Dwelling.

2. ''Commercial Solid Waste" means and includes all types of solid waste, including organics and recyclable materials that are

discarded from Businesses, but does not include waste from single family residences or Multi-Family Residential Dwellings of less than five (5) units.

3. "Multi-Family Residential Dwelling" means any residential dwelling property with five (5) or more units in the City that generates

two (2) cubic yards or more of Commercial Solid Waste per week.

4. "Organic Waste" means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled

paper waste that is mixed in with food waste.

5. "Source Separate" means the process of removing organics recyclable materials from solid waste at the place of generation,

prior to collection, and placing them into separate containers that are separately designated for organics recyclables.

B. Requirements. On or before February 1, 2021, every Business within the City shall reuse, recycle, compost, or otherwise divert its Commercial Solid Waste from disposal by taking one, or any combination, of the following actions:

1. Source Separate organics recyclable materials from solid waste being discarded, and subscribe with the City's franchise hauler

for pickup of organics recyclable materials separately from solid waste.

2. Source Separate organics recyclable materials from solid waste being discarded, and self-haul organics recyclable materials to a

certified Materials Recovery Facility ("MRF") or other mixed waste processing facility.

C. Multi-Family Residential Dwellings. To comply with the requirements of this Section, property owners of Multi-Family Residential Dwellings may require tenants to Source Separate their organics recyclable materials. On or before February 1, 2021, tenants of Multi- Family Residential Dwellings shall be required to Source Separate their organics recyclable materials, upon reasonable request by the property owner. Multi-Family Residential Dwellings are not required to have a food waste diversion program.

D. Enforcement.

1. Any Business that violates this Section shall be subject to the penalties provided by AMC Section8.01.110, subdivisions (B)

through (D).

2. Each Business shall be responsible for ensuring and demonstrating its compliance with the requirements of this Section.

3. Each Business shall provide satisfactory proof of acceptable levels of waste diversion to the City, upon reasonable request by the City Manager or the City Manager's designee.

   4. Nothing in this Section shall prevent or limit the existing right of any Business to donate, sell, or otherwise dispose of its organics recyclable materials pursuant to Public Resources Code Section 41952.

[Ord. No. 620-A, 1/13/21.