Alhambra Municipal Code Ch. 6.16 Integrated Waste Management

For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this chapter. Words and phrases not ascribed a meaning by this chapter shall have the meaning ascribed by Division 30, Part 1, Chapter 2 of the Public Resources Code, §§ 40105-40200, and the regulations of the California Integrated Waste Management Board, if defined therein, and if not, to the definitions found in the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901, et seq. and the regulations implementing RCRA, as they may be amended from time to time.

ACT. The California Integrated Waste Management Act of 1989, (sometimes referred to as "AB 939") as it may be amended from time to time.

AUTHORIZE RECYCLING AGENT. A person, firm, partnership, corporation, or other entity licensed, permitted or otherwise authorized by the city to collect recyclable solid wastes in the city. AUTHORIZED RECYCLING AGENTS are not authorized to collect commingled solid waste containing potentially recyclable solid wastes, as commingled solid waste containing potentially recyclable solid wastes is regarded, for purposes of this chapter, as solid waste.

BROWN GOODS. Discarded electronic equipment such as radios, stereos, televisions, computers, VCRs, compact disc players and other similar consumer electronic items.

BULKY GOODS or BULKY WASTE. Includes, but not by way of limitation, discarded large and small household appliances, furniture, carpets, mattresses, white goods, brown goods, tires and oversized yard waste such as tree trunks and large branches if no larger than two feet in diameter and four feet in length and weighing not more than 60 pounds, which a collector has agreed to collect.

CITY. The City of Alhambra, California, a municipal corporation, and all of the territory lying within the municipal boundaries of the city as presently existing and all geographic areas which may be added or annexed to the city.

CITY MANAGER. An individual having that title in the employ of the city or the City Managers duly authorized representative.

CIVIC LITTER CONTAINERS. City-owned receptacles located in public areas for disposal of waste generated by the public, which meet the standards of 14 C.C.R. Chapter 3, Article 9, §§ 17830, et seq.

COLLECTION. The act of collecting solid waste at or near the place of generation by a collector who has made arrangements with the generator for the collection of solid waste on days designated by the collector.

COLLECTOR. A person, persons, local agency, firm, corporation or other entity franchised, permitted, licensed or otherwise authorized by the city to make arrangements with generators for the collection of solid wastes within the city.

COMMERCIAL BINS. Bins provided by a collector, usually three cubic yards, more or less in capacity, designed for the deposit of solid waste, placed by a collector at commercial premises for the collection of commercial solid waste and charged at commercial rates. COMMERCIAL BINS do not include construction and demolition bins placed at residential premises.

COMMERCIAL PREMISES. All premises in the city, other than residential premises, where commercial solid wastes are generated or accumulated. The term COMMERCIAL PREMISES is a reference to location, and not to ownership. The term includes, but is not limited to, stores; offices; federal, state, county and local governmental institutions, including, but not limited to schools, school districts,. special districts and water districts; restaurants; rooming houses; hotels; motels; offIces; manufacturing, processing, or assembling shops or plants; hospitals; clinics; nursing homes; convalescent centers; dormitories; barracks; and card rooms. The term COMMERCIAL PREMISES does not include residences using solid waste containers provided by single family residential service recipients or solid waste containers delivered to single or multi-family residential service recipients by a collector.

COMMERCIAL SOLID WASTE. All types of solid waste, including green waste and recyclable solid waste, generated or accumulated at commercial premises and placed in commercial bins for accumulation and collection. COMMERCIAL SOLID WASTES does not include residential solid waste or recyclable material.

CONTAINER. Any commercial bin, residential solid waste container, vessel, can or other receptacle used for the temporary accumulation, collection and removal of solid waste, including recyclable solid wastes or green waste.

FRANCHISE. The right and privilege: (1) to make arrangements for the collection of and to collect, (2) to transport to landfills, transformation facilities or other licensed solid waste management facilities and/or (3) to recycle solid waste collected within the city. Any franchise is subject to all of the provisions and to any rights held by any other solid waste enterprise which may hold rights pursuant to Public Resources Code § 49520.

FRANCHISE FEE. The fee or assessment imposed by the city on a collector because of its status as a collector.

GENERATOR. Any person or other entity which produces solid waste.

GREEN WASTE. (also sometimes referred to as COMPOSTABLES or YARD WASTE) means a form of solid waste composed of leaves, grass clippings, brush, branches and other forms of organic matter generated from landscapes and gardens, separated from other forms of solid waste. GREEN WASTE includes Christmas trees and Hanukkah bushes but does not include stumps or branches exceeding four inches in diameter or four feet in length.

GROSS REVENUES. Any and all revenue or compensation in any form derived directly or indirectly by a collector, its affiliates, subsidiaries, parents and any person or entity in which a collector has a financial interest, from the collection, transportation, processing, disposal and other services with respect to solid waste collected within the City of Alhambra, including recyclable solid wastes and green waste pursuant to a franchise, permit, or license. GROSS REVENUES include, but are not limited to, monthly customer fees for collection of solid waste, including recyclable solid wastes, special pickup fees, commercial bin and drop box rental and collection fees, fees for redelivery of commercial bins and drop boxes and revenue from the sale of recyclable solid wastes, without subtracting franchise fees or any other cost of doing business.

HAZARDOUS WASTE Any waste materials or mixture of wastes defined as a HAZARDOUS SUBSTANCE or HAZARDOUS WASTE pursuant to the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq. the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq., and all future amendments to either of them, or as defined by the California Integrated Waste Management Board. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term HAZARDOUS WASTE shall be construed to have the broader, more encompassing definition.

NONCOMBUSTIBLE SOLID WASTE. Ashes, bottles, broken crockery, glass, tin cans, metal and metallic substances which will not incinerate through contact with flame of ordinary temperature.

RECYCLABLE MATERIAL. A material which has commercial value and which is sold for compensation or donated to an entity other than a solid waste collector or enterprise. RECYCLABLE MATERIALS are not part of the waste stream. RECYCLABLE MATERIALS lose their character as RECYCLABLE MATERIALS upon being disposed of in the waste stream, and become solid waste subject to this chapter.

RECYCLABLE SOLID WASTE. A form of solid waste designated as a recyclable solid waste by the city, the California Integrated Waste Management Board, or other agency with jurisdiction, and which has been separated by a solid waste service recipient from non-recyclable solid waste. RECYCLABLE SOLID WASTE is a part of the solid waste stream which can be reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of the California Integrated Waste Management Act. The term RECYCLABLE SOLID WASTE includes both mixed recyclables which have been separated from other solid waste and source-separated single-category recyclable solid waste. RECYCLABLE SOLID WASTE does not include those potentially recoverable items which are commingled with non-recyclable solid waste, i.e., commingled solid waste and potentially recyclable articles or materials, or recyclable material.

RESIDENTIAL or RESIDENTIAL PREMISES. Includes single family residences and multifamily residences, including apartments and condominiums (in which each unit has separate cooking and bathing facilities) but does not include hotels, motels, rooming houses, hospitals, nursing homes, convalescent centers, dormitories or barracks or other group living places using commercial bins for the temporary accumulation and collection of solid waste. RESIDENTIAL or RESIDENTIAL PREMISES is a reference to location, and not to ownership or to an interest in property.

RESIDENTIAL SOLID WASTE CONTAINER. A container (a trash can, barrel or cart) provided by a service recipient or a collector for the accumulation, storage and collection of single family residential solid waste. The term RESIDENTIAL SOLID WASTE CONTAINERS does not include MULTI-FAMILY RESIDENTIAL BINS nor those commercial bins used by commercial solid waste service recipients.

SINGLE FAMILY RESIDENTIAL. Residences at which residential solid waste containers (i.e., trash cans, barrels or residential carts); but not commercial or multi-family bins, are located and used for the collection and temporary accumulation of solid waste.

WHITE GOODS. Discarded enameled household appliances, such as refrigerators, freezers, stoves, washer/dryers, water heaters, dishwashers, trash compactors and similar items.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)

In order to protect public health, safety and well-being, to control the spread of vectors, and to limit sources of air pollution, noise and traffic within the city the City Council may authorize one or more collectors to make arrangements with the persons in charge of day to day operations at premises in the city for the collection, transfer, recycling, composting and disposal of solid wastes within and throughout the city.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)

Collectors who arrange for the collection of solid wastes shall make arrangements with their customers specifying the manner in which integrated waste management services are provided, subject to the city's duty to protect public health, safety and well-being and to limit sources of noise and air pollution within the city by prohibiting the collection of solid wastes between certain hours and on certain holidays.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)

In order to carry out its duties to plan for the management of vehicular traffic and mitigate adverse air quality effects, the City Council may determine waste management collection categories, including but not limited to, e.g., residential, single family residential, multifamily residential, commercial, industrial, special, special event, household hazardous waste, including recyclables, green waste and other and may make or impose franchise, license, contract or permit requirements which vary for such categories.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)

In order to protect the public health, safety and well-being and to prevent the spread of vectors, the person responsible for the day-to-day operation of every place or premises in the city shall make arrangements with a collector for the collection of solid wastes, as set forth in this chapter, or obtain a self-haul permit from the city, as provided for in § 6.16.210, below, and to implement measures to reach the diversion and other goals mandated by the California Integrated Waste Management Act of 1989, as it may be amended from time to time.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)

(A) Pursuant to Division 30, Part 3, Chapter 8 of the Public Resources Code, §§ 41900 et seq., the city may levy fees upon solid waste collectors and solid waste service recipients for planning and program development and administration regarding solid and household hazardous waste, recyclable solid wastes and/or green waste planning, and for access to collection service, for collection service, inspection, auditing, transfer and disposal and the planning for and response to releases and spills of solid wastes which have the characteristics of hazardous substances. Such fees may include charges for the use of disposal facilities and may include costs of preparing and implementing source reduction and recycling elements, household hazardous waste elements and integrated waste management plans. The city may collect all or part of such charges on water bills, or by such other means as the Council may elect.

(B) The City Council, by resolution, may waive permit fees for authorized recycling agents' and collectors of green wastes.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)

(A) The City Council may award one or more franchises, permits, licenses or other form of authorization (collectively "license") for collection of solid wastes, including recyclable solid wastes and/or green waste from all or a portion of residential premises in the city. Any such license shall be granted by the City Council by resolution, upon a determination that the public health, safety and well-being so require.

(B) Franchises, permits, licenses or other forms of authorization shall be granted by resolution on such terms and conditions as the City Council shall establish in its sole discretion, as matters of local concern. At a minimum, franchises, permits, licenses or other forms of authorization shall be in writing, naming the licensee, and shall provide:

(1) The franchisee, permittee or licensee or entity with another form of authorization (collectively "licensee") shall comply with the provisions of this chapter; and,

(2) The licensee shall be required to protect, defend, indemnify and hold the city harmless from liability, including, specifically, liability under the Resource Conservation and Recovery Act of 1976 ("RCRA") (42 U.S.C. §§ 6901 et seq.) and the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq., as they may be amended from time to time and all regulations implementing these acts; and

(3) The licensee shall be required to cooperate with city in Solid Waste Disposal Characterization Studies or other waste stream audits and to submit information required by city to meet the reporting requirements of AB 939 and to implement measures consistent with the city's Source Reduction and Recycling Element in order for the city to reach the diversion and other goals mandated by the California Integrated Waste Management Act of 1989, as it may be amended from time to time.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)

(A) The City Council may award one or more franchises, permits, licenses or other forms of authorization (collectively "licenses") for the collection of solid wastes, including recyclable solid wastes and/or green waste, from commercial premises in the city. Any such license shall be granted by the City Council by resolution, upon a determination that the public health, safety and well-being so require.

(B) The license shall be granted on such terms and conditions as the City Council shall establish in its sole discretion, as matters of local concern. At a minimum, the license shall be in writing, naming the licensee, and shall provide as follows:

(1) The licensee shall comply with the provisions of this chapter; and,

(2) The licensee shall be required to protect, defend, indemnify and hold the city harmless from liability, including, specifically, liability under the Resource Conservation and Recovery Act of 1976 ("RCRA") (42 U.S.C. §§ 6901 et seq.) and the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq., as they may be amended from time to time and all regulations implementing these acts, on terms satisfactory to the city; and

(3) The licensee shall be required to cooperate with city in Solid Waste Disposal Characterization Studies or other waste stream audits, to submit information required by city to meet the reporting requirements of AB 939 and to implement measures consistent with the city's Source Reduction and Recycling Element in order for the city to reach the diversion goals mandated by the California Integrated Waste Management Act of 1989, as it may be amended from time to time.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)

No person shall construct or operate a solid waste management facility, including but not limited to a materials recovery facility, solid waste transfer or processing station, composting facility, a buy-back or drop-off center, disposal facility or a recycling center without first satisfying all city requirements for land use, environmental and other approvals.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97) Penalty, see § 6.16.280

(A) Each person required by this chapter to arrange for solid waste collection shall be liable for the fees and charges for such collection.

(B) To protect public health, safety and well-being and to control the spread of vectors, the person responsible for day-to-day operation of every premises in the city shall make arrangements for collection, recycling and disposal of solid wastes generated or accumulated on those premises in accordance with the requirements of this chapter. The city may include the fees and charges (plus any interest or penalties) for solid waste and recycling on the water bill or by separate bill from the city or a collector. The fees and charges (plus any interest or penalties) on the water bill, or separate bill, shall be due and payable on the date stated on the bill. The person(s) responsible for day-to-day operation of each premises in the city at which solid waste subject to this chapter is generated or accumulated each shall be jointly and severally liable for the payment of all charges (plus any interest or penalties) for solid waste services, including any recycling.

(C) If solid waste and recycling service fees and charges (and any applicable interest or penalties) are not paid within thirty days of the date payment was due, solid waste, including recycling service may be discontinued and collection of the unpaid amount may be undertaken by any lawful means available to the city.

(D) Upon written notice from the person responsible for day-to-day operation of a premises in the city to discontinue solid waste collection services, there shall be refunded any advance collection fees.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)

(A) Each collector; i.e., an entity furnishing solid waste services (i.e., the collection of solid waste including recyclable solid waste and/or green waste), to any commercial premises or residential premises within the city shall possess a current City Business License and shall display a current city-issued decal on each collection vehicle operated in the city.

(B) In addition to a City Business License, each collector shall possess a current city-issued collector's franchise, permit, license or other form of authorization (collectively "Collector's License") for the collection of solid waste. Each collector shall comply with all requirements set forth in the collector's license and this chapter. These requirements include, but are not limited to, payment of the annual City Business License and collector's license fees, adherence to a schedule of fees to be charged to service recipients for specific services (as may be adopted by the City Council) and any other requirements that the City Council may impose. All city requirements shall be established or modified by City Council ordinance or resolution.

(C) Any person or entity, other than a collector licensed, permitted, franchised or otherwise authorized by the city, which engages in collection of commercial solid waste or which places a commercial bin for the accumulation of solid waste in the city shall be guilty of a misdemeanor punishable as provided generally for violations of the Alhambra Municipal Code. Each day in which a person or entity engages in the collection of commercial solid waste in the city or places a commercial bin for the accumulation of solid waste, or permits a commercial bin to remain, in the city without a franchise, permit, license or other authorization granted by the city, or fails to display a current city-issued decal, shall be a separate offense.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)

(A) Any franchise, permit, license, or other city-issued authorization (collectively referred to as "license") issued under this chapter is subject to revocation or suspension for cause.

(B) In addition to the grounds provided elsewhere in this chapter, the following shall constitute a basis for the revocation or suspension of a collector's or authorized recycling agent's license:

(1) When the continuance of the operations of the licensee under such license shall be contrary to the public health, safety, well-being, peace, welfare or morals, or shall be found to constitute a public nuisance;

(2) If the holder of the license violates any federal or state law, the regulations of the California Integrated Waste Management Board, a local enforcement agency, this code, or any condition of the license;

(3) If the holder of a license practices, or attempts to practice, any fraud or deceit upon the city, or makes or uses any false, fictitious or fraudulent statements or representations, or practiced any fraud or deceit or made any false, fictitious or fraudulent statements or representations in connection with the issuance or renewal of the license;

(4) If the holder of the license becomes insolvent, unable or unwilling to pay its debts, or a receiver or trustee is appointed to take over and conduct the business of the licensee whether in a receivership, reorganization or bankruptcy proceeding;

(5) If the holder of the license fails to provide or maintain in full force and effect the workers compensation, liability and indemnification coverages or cash bond as required; or

(6) If the holder of the license violates any order or ruling of any regulatory body with respect to solid waste collected within the city, except that such order or ruling may be contested by appropriate proceedings conducted in good faith, in which case no violation shall be deemed to have occurred until a final decision adverse to the holder of the license is entered.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)

(A) If city's AB 939 Coordinator determines that the performance of an entity holding a franchise, permit, license or other form of city-issued authorization (collectively "licensee") may not be in conformity with reasonable industry standards which obtain in Southern California or the California Integrated Waste Management Act including, but not limited to, requirements for implementing diversion, source reduction and recycling, or any other applicable federal, state or local law or regulation, including but not limited to, the laws governing transfer, storage or disposal of solid and hazardous waste, or this chapter, the AB 939 Coordinator shall advise the holder of the license in writing of such suspected deficiencies. The AB 939 Coordinator, in any written Notification of Deficiencies, shall set a reasonable time within which the licensee is to correct the deficiencies and respond. Unless otherwise specified, a reasonable time for response and correction of deficiencies shall be 30 days from the receipt of such written notice by the holder of the license.

(B) At the expiration of the time set for response from the licensee, the city's AB 939 Coordinator shall review the record, including any written response from the licensee to the Notice of Deficiencies and resolve the matter in favor of the licensee, order remedial action to cure any breach, terminate the license, and inform the licensee in writing, of the resolution. A decision or order of the city's AB 939 Coordinator shall be final and binding unless the licensee files a "Notice of Appeal" with the City Clerk (with copy to the City Manager and City Attorney) within 30 days of receipt of the decision or order of the city's AB 939 Coordinator. A Notice of Appeal shall state the legal basis and all legal and factual contentions of the licensee and shall include all evidence, including affidavits, documents, photographs and videotapes. A Notice of Appeal shall not be accepted by the Clerk for filing unless accompanied by a Notice of Appeal filing fee in an amount to be set by the City Council, by resolution.

(C) Within 30 business days of receipt by the City Clerk of a Notice of Appeal, the City Manager shall decide the matter in favor of the licensee, order remedial actions to cure any breach, terminate forthwith the license or other form of authorization, refer the matter to the City Council or refer the matter to a referee and inform the licensee, in writing, of the resolution and the basis for the resolution. The decision or order of the City Manager shall be final and binding unless the licensee files a Notice of Appeal to the City Council with the City Clerk (and serves a copy, by mail, on the City Manager and the City Attorney) within 30 days of receipt of the decision or order of the City Manager. A Notice of Appeal to the City Council shall state the legal basis and all factual and legal contentions of the appellant and shall include all evidence, including affidavits, documents, photographs and videotapes. A Notice of Appeal to the City Council shall not be accepted by the Clerk for filing unless accompanied by a Notice of Appeal Filing Fee in an amount to be set by the City Council, by resolution.

(D) If a matter is referred by the City Manager to the City Council, or a Notice of Appeal to the City Council is timely filed, the City Council may set the matter for an administrative hearing and act on the matter or refer the matter to a referee. If the City Council elects to hear the matter, the City Clerk shall give 14 days written notice of the time and place of the administrative hearing. At the hearing, the City Council shall consider the administrative record, including the Notice of Deficiency, the licensee's response, the statement of resolution by the City Manager and the licensee's Notice of Appeal to the City Council and shall give the licensee, or its representatives and any other interested person, a reasonable opportunity to be heard. The proceedings before the Council shall be an informal administrative hearing and the rules of evidence, as generally applied in judicial proceedings, shall not be applicable.

(E) Based on the administrative record, the Council shall determine by resolution whether the decision or order of the City Manager or AB 939 Coordinator should be upheld. A tie vote of the City Council shall be regarded as upholding the action of the City Manager or AB 939 Coordinator. If, based upon the record, the City Council determines that the performance of the licensee is in breach of any material provision of any applicable federal, state or local statute or regulation, or other cause for termination of the license, the City Council, in the exercise of its sole discretion, may order remedial actions to cure the breach, or terminate forthwith the license or other form of authorization. The decision of the City Council shall be final and conclusive.

(F) Termination shall become effective upon the date specified in the written notice to the holder of the franchise, permit, license or other authorization by the city. Such notice shall state the grounds for termination.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)

A franchise, permit, license or other form of city-granted solid waste collection authorization shall not be transferable, except as follows:

(A) A franchise, permit, license or other form of city-granted solid waste collection authorization (collectively "license") shall not be transferred, sold, sublet or assigned, nor shall any of the rights or privileges therein be leased, assigned, sold or transferred, either 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 holder of the license nor by operation of law without the prior written consent of the city expressed by resolution. For purposes of this chapter, any sale, dissolution, merger, consolidation or other reorganization of the holder of the license or the sale or other transfer of an accumulative ten percent or more of the voting stock of a corporate licensee by any person, or group of persons acting in concert, who already own less than 50% of the voting stock of the holder of the license shall be deemed a change in control. Any attempt of the holder of the license to assign the license without the prior written consent of the city shall be void.

(B) An application for a transfer of a license shall be made in a manner prescribed by the City Manager. The application shall include a License Transfer Application Fee in an amount to be set by city by resolution of the Council, to cover the anticipated cost of all reasonable and customary direct and indirect administrative expenses including consultants and attorneys, necessary to adequately analyze the application and to reimburse city for direct and indirect expenses. In addition, the holder of the franchise, permit, license or other authorization granted by city shall reimburse the city for all reasonable consultants', attorneys' and staff costs not covered by the License Transfer Application Fee, whether or not the city approves the application for transfer. The city's request for reimbursement shall be supported with evidence of the expenses and costs incurred. The holder of the license and the applicant for transfer shall be jointly and severally liable for the payment of any reasonable consultants', attorneys' and staff costs not covered by the License Transfer Application Fee.

(C) The applicant for a transfer of a license shall have the burden of demonstrating that it has the operational and financial ability to meet all obligations of the franchise, license, permit or other form of city authorization.

(D) The city shall not unreasonably withhold its consent to a transfer of the license.

(E) Notwithstanding the above, the holder of a license shall be entitled to pledge, encumber, or grant any security interest in the license provided that the holder shall first notify and obtain city consent to such transaction, subject to the following conditions:

(1) Any consent so granted shall not be deemed a consent to the exercise by such pledgee, encumbrancer, or secured party of any rights of the holder under the franchise, permit, license or other authorization unless so noted by the city;

(2) Any consent so granted shall not be deemed a consent to any subsequent transfer or assignment. Any subsequent transfer or assignment shall be deemed an assignment of the franchise, permit, license or other authorization within the meaning of this section and shall be void without the prior written consent of the city expressed by resolution; and

(3) The pledgee, encumbrancer or secured party shall execute and deliver to city a written instrument, in a form satisfactory to the City Attorney, expressing agreement to be bound by the provisions of the franchise, permit, license or other authorization.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)

(A) To protect public health, safety and well-being against the growth and spread of vectors, every person designated under § 6.16.050 shall keep in a suitable place one or more containers capable of holding without spilling, leaking, or emitting odors, all solid waste, including recyclable solid wastes and green waste which would ordinarily accumulate on the premises between the time of two successive collections.

(B) To protect public health, safety and well-being against the growth and spread of vectors, every person designated under § 6.16.050 who is in charge of any premises within the city shall deposit or cause to be deposited in containers or commercial bins provided or approved by a collector all solid waste generated or accumulated on those premises.

(C) No person shall place ashes which are not cold and free from fire in any container or commercial bin.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97) Penalty, see § 6.16.280

(A) To protect public health, safety and well-being against the growth and spread of vectors, no person shall place for collection any residential solid waste container or commercial bin not in conformance with the residential solid waste container or commercial bin designated by the collector.

(B) No person shall place a container adjacent to a street or public right-of-way for collection if the container and its contents weigh more than 65 pounds.

(C) To minimize interference with public rights-of-way, no person shall place a container or any bulky goods adjacent to a street or public right-of-way for collection service before noon on the day preceding the regularly scheduled collection day.

(D) During the hours for collection, residential containers shall be placed at the location designated by the collector and shall be accessible for mechanized pick-up, if mechanized pick-up methods are utilized by the collector. Commercial bins shall be accessible to the collector. Except during the time a container is placed for curbside collection, residential solid waste containers shall not be visible from the public right of way.

(E) Solid waste containers shall be removed from any location adjacent to a street or right-of-way not later than six a.m. on the day following the regularly-scheduled collection day.

(F) A collector who has been notified by a commercial solid waste service recipient or city 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 commercial solid waste service within one week following receipt of notification that commercial solid waste service is to be discontinued.

(G) To minimize interference with public rights-of-way, green waste shall be cut into pieces not to exceed four feet in length and four inches in diameter, before being placed adjacent to a street or public right-of-way for collection. Green waste shall be placed in containers designated for the collection of green waste, or tied securely in bundles not exceeding 80 pounds and shall not be contaminated with other forms of solid waste or with hazardous substances.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97) Penalty, see § 6.16.280

(A) To protect public health, safety and well-being, and to protect the city against the growth and spread of vectors, persons m charge of the day-to-day operation of each premises in the city shall make arrangements to have all solid waste on the premises (other than construction and demolition debris) collected and removed not less frequently than once a week.

(B) Each collector shall collect the contents of each commercial bin (except construction and demolition bins) placed, located or maintained in the city by that collector not less frequently than one time per week.

(C) Subject to the requirements for minimum removals per week, set forth above, persons in charge of the day-to-day operation of commercial premises and multi-family residential premises may specify the frequency of collection of solid waste from the premises and the size and number of commercial or multi-family residential bins required.

(D) In order to protect residents' quiet enjoyment of their residential premises, collection from residential premises, both single family and multifamily, shall not be made between the hours of 5:00 p.m. and 6:00 a.m. of any day. Collection from commercial premises shall not be made between the hours of 5:00 p.m. and 6:00 a.m. Subject to the foregoing requirements, collections shall be made by arrangement between the person in charge of day-to-day operation of commercial premises and multi-family residential premises and the collector.

(E) Collectors shall design their routes and times for collection in a manner which minimizes air pollution, traffic, noise and wear and tear on public and private streets and other problems with the potential to adversely affect public health, safety, or the environment and in a manner consistent with the city's Traffic Demand management Plan.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97) Penalty, see § 6.16.280

Subscribers to a solid waste collection service may order: special collections of such things as bulky goods, brown goods, white goods, Christmas trees and other items too large to fit in standard containers; and pickup of household hazardous wastes (from service providers authorized to collect household hazardous wastes).

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)

(A) To protect public health, safety and well-being, any truck used for the collection or transportation of solid waste within the city shall be leak proof and equipped with a close-fitting cover which shall be affixed in a manner that will prevent spilling, dropping or blowing of any waste upon the public right-of-way during collection or transportation.

(B) Each collector shall maintain its commercial bins within the city in a manner to protect public health and safety and prevent the spread of vectors. Each collector shall maintain its commercial bins in a manner as to insure that they are free from any exterior paint or markings (commonly referred to as "graffiti" or "tagging").

(C) Each collector shall post each commercial bin with conspicuous notices on each side of the commercial bin that the commercial bin is not to be used for the disposal of hazardous waste.

(D) No person shall park, or cause to be parked within the city any vehicle containing solid waste unless the vehicle is free from odor and in a sanitary condition.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97) Penalty, see § 6.16.280

To protect the public health, safety and quiet enjoyment of the residents of the city, the noise level for the collection vehicles during the stationary compaction process shall not exceed 75 dB(A) at a distance of 25 feet from the collection vehicle and at an elevation of five feet from the horizontal base place of such vehicles.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97) Penalty, see § 6.16.280

Persons disposing of solid waste, including green waste, which they, or occupants of premises of which they are charge of day-to-day activities, have generated ("self-haulers") and persons who have a city business tax certificate for gardening and landscaping maintenance services for hire ("gardeners"), shall deposit such solid waste and green waste only at lawfully permitted solid waste facilities or green compost facilities or exempt composting facilities. Before collecting or transporting solid waste, including recyclable solid wastes or green waste, each self-hauler and each gardener shall obtain a self-haul permit from the city. Each self-hauler and each gardener shall report to the city the type, quantity, volume, weight and destination of solid waste, including green waste and recyclable solid wastes, collected in the city and transported from the city.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)

(A) Upon placement of recyclable solid waste at a designated recycling collection location, or placement of recyclable solid waste or recyclable material in a container provided by an authorized recycling agent for collection of recyclable solid wastes, the recyclable materials and recyclable solid wastes become the property of the authorized recycling agent, by operation of state law. P.R.C. § 41950(c).

(B) The recycling or disposal of any recyclable solid waste which has become part of the solid waste stream by having been discarded shall be in accordance with the provisions of this chapter.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)

(A) Except as provided below, nothing in this chapter shall limit the right of any person, organization, or other entity to sell recyclable material owned by that person, organization or other entity or to donate recyclable material to a charity or any other entity other than a solid waste enterprise or collector.

(B) Recyclable material which is mixed with solid waste shall be considered to have been discarded and to have become recyclable solid waste.

(C) If the seller or donor of recyclable material pays the buyer or the donee any consideration for collecting, processing, recycling, transporting or disposing of the recyclable material, or providing consultation services which exceed the selling price of the recyclable material, the transaction shall not be regarded as a sale or donation of recyclable material, but as an arrangement for the disposal of solid waste and shall be subject to this chapter.

(D) A person who receives a discount or reduction in the collection, disposal and/or recycling service rates for unsegregated or segregated solid waste shall not be deemed to be selling or donating recyclable material and does not fall within this "donate or sell" exception.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)

(A) Until solid waste has been picked up by a collector or authorized recycling agent, the person in charge of the day-to-day operation of each premises in the city shall be responsible for the cleanup of any and all solid waste generated, deposited, released, spilled, leaked, pumped, poured, emitted, emptied, discharged, injected, dumped or disposed into the environment, or which otherwise has come to be located outside an authorized container on, at, or in the premises of which the person is in charge. This cleanup responsibility includes the cleanup of solid waste, including recyclable solid wastes and green waste which has come to be located outside an authorized container for the collection of such solid waste notwithstanding human or animal interference with commercial bins or containers, wind or other natural forces and whether during storage, collection, removal, or transfer. For purposes of this section, the term "disposed into the environment" shall include, but is not limited to, the abandonment of or discarding of barrels, containers and other closed receptacles of solid or liquid waste of any kind whatsoever.

(B) Each collector or authorized recycling agent shall clean up any solid waste spilled or otherwise released or discharged into the environment during its collection, removal, or transfer.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)

(A) Use of containers. To protect public health, safety and well-being and to control the spread of vectors, no person shall keep solid waste in containers or commercial bins other than those approved by a collector; nor shall any person accumulate solid waste for more than 13 consecutive days; nor shall any person keep upon any premises in the city any solid waste which is offensive, obnoxious or unsanitary. All of the foregoing is unlawful, constitutes a public nuisance and may be abated in the manner now or hereafter provided by law for the abatement of nuisances.

(B) Removal of solid waste. To protect public health, safety and well-being, and to control the spread of vectors, no person, other than the person in charge of day-to-day activities at any premises or a collector authorized by the person in charge of the premises, shall remove any container or commercial bin from the location where the container was placed for storage or collection by the person in charge of day-to-day activities at the premises, or remove any solid waste from any container or commercial bin, or move the container or commercial bin from the location in which it was placed for storage or collection, or apply any paint or markings (commonly known as "graffiti" or "tagging") to any solid waste container or commercial bin without the prior written approval of the owner of the container or commercial bin.

(C) Bulky goods. To protect public health, safety and well-being and to minimize interference with public rights of way, no person shall place bulky goods adjacent to a street or public right-of-way without first having made arrangements with a collector for the pickup of the bulky goods.

(D) Civic litter container; institutional, commercial, or industrial solid waste prohibited. To protect public health, safety and well-being, no person shall place or deposit institutional, commercial, industrial, special, or hazardous waste in any civic litter container.

(E) Solid waste burning prohibited. To protect public health, safety and well-being, 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 Building Official and which complies with all applicable permit and other regulations of air pollution control authorities and provided any such act of burning in all respects complies with all other laws, rules and regulations.

(F) Collection of solid waste without license prohibited. To protect public health, safety and well-being, no person except for a self-hauler or gardener shall collect any solid waste from any commercial premises or residential premises within the city, nor shall any person place a commercial bin for the accumulation of solid waste at any premises within the city, without a city business license and a collector's license or operate a collection vehicle within the city without displaying a current city-issued collector's decal, as provided by § 6.16.110. Each day any person other than a self-hauler or gardener shall collect any solid waste from any commercial premises or residential premises within the city, or place a commercial bin for the accumulation of solid waste at any premises within the city, or permit or suffer a commercial bin to remain in any place within the city, without a city business license and a collector's license or operate a collection vehicle within the city without displaying a current city-issued collector's decal shall constitute a separate offense.

(G) Public nuisance. To protect public health, safety and well-being and to prevent the spread of vectors, it is unlawful and a public nuisance, for any person to occupy, inhabit, maintain, or, to be in day-to-day control of any premises within the city for which arrangements have not been made for regular collection and removal services for solid wastes, including recyclable solid wastes or green waste and any other violation of this chapter is unlawful and may be enjoined as a nuisance.

(H) Unauthorized disposal prohibited. To protect public health, safety and well-being and to prevent the contamination of solid waste, including recyclable solid wastes and green waste, no person shall place solid waste in, or to otherwise use the solid waste or recyclable solid waste or green waste containers of another, without the permission of such other person.

(I) Unauthorized removal of recyclable solid wastes prohibited by state law. The unauthorized removal of recyclable solid wastes and recyclable materials placed at designated recycling collection locations is prohibited by California Public Resources Code §§ 41950-51.

(J) Solid waste spills and releases prohibited. To protect public health, safety and well-being, no person transporting solid waste, including recyclable solid wastes or green waste within the city shall fail to immediately clean up, or arrange for the immediate cleanup, of any solid waste released, spilled or dumped into the environment during removal or transport within the city by such person.

(K) Unlawful dumping prohibited. No person shall dump, deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, bury or dispose into the environment (including by abandonment or discarding of barrels, containers and other closed receptacles of solid or liquid waste of any kind whatsoever) any solid or liquid waste upon any premises within the city, or to cause, suffer, or permit any solid or liquid waste to come to be located upon any premises in the city, except in an authorized or permitted solid waste container or at an authorized or permitted solid waste facility.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97) Penalty, see § 6.16.280

Pursuant to California Penal Code § 836.5, the City Manager and City Code Enforcement Officers are authorized to enforce the provisions of this chapter and as well as those of California Penal Code §§ 374, 374a, 374.2, 374.3, 374.4, 374d, 374.7 and 375; California Government Code §§ 68055 et seq.; and California Vehicle Code §§ 23111 and 23112.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)

Wherever in this chapter enforcement authority is given to any city employee or officer, such authority may be exercised by designees of the those officers and employees.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)

Except as otherwise provided in this chapter, violations of this chapter are punishable as set out in §§ 1.12.010 through 1.12.050 of this code.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)

Violation of any provision of this chapter shall be a misdemeanor.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)

The City Manager or the City Manager's designee(s) shall have the authority to enforce the provisions of this chapter. This authority shall be in addition to the authority granted to police officers pursuant to the Municipal Code.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)

Nothing in this chapter shall be deemed to limit the right of an authorized recycling agent to bring a civil action against any person who violates California Public Resources Code §§ 41950-51, nor shall a conviction for such violation exempt any person from a civil action brought by an authorized recycling agent.

(Ord. 4321, passed 6-9-97; Am. Ord. 4325, passed 6-23-97)