Apple Valley Municipal Code Ch. 6.20 Solid Waste, Recyclables, and Organic Waste

Footnotes:

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Editor's note— Sec. 1 of Ord. No. 551, adopted March 8, 2022, repealed Ch. 6.20, which pertained to Solid Waste Regulations. Exh. A of Ord. No. 551 enacted provisions to read as herein set out. Former Ch. 6.20 consisted of §§ 6.20.010—6.20.176, and derived from Ord. 34, adopted August 15, 1989; Ord. No. 123, 1993; Ord. No. 128, adopted November 9, 1993; Ord. No. 150, adopted June 27, 1995; Ord. No. 156, adopted November 14, 1995; Ord. No. 191, adopted January 27, 1998; Ord. No. 245, adopted October 9, 2001; Ord. No. 334, adopted February 13, 2007; Ord. No. 375, adopted April 8, 2008; Ord. 311, adopted April 25, 2009; Ord. No. 419, adopted May, 10, 2011; and Ord. No. 545, adopted April 27, 2021.

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(a) Blue container has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclables.

(b) Ca/Recycle shall mean California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on local jurisdictions.

(c) CCR shall mean the State of California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

(d) Commercial business or commercial shall mean a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this Chapter.

(e) Commercial edible food generator shall mean and include a tier one or a tier two commercial edible food generator as defined in Subsections (ppp) and (qqq), or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).

(f) Compliance review shall mean a review of records by the Town to determine compliance with this Chapter.

(g) Community composting shall mean 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).

(h) Compost has the same meaning as in 14 CCR Section 17896.2(a)(4}, which stated, as of the effective date of this Chapter, that "compost" shall mean the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.

(i) Compostable plastics or compostable plastic shall mean plastic materials that meet the ASTM 06400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1 )(C).

(j) Container shall mean a metallic or plastic watertight container with a close-fitting cover, cover handle, or such other container as may be approved by the Town to be provided by the solid waste handling service and by the authorized recycling agent.

(k) Container contamination or contaminated container shall mean a container, regardless of color or use, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

(l) Contractor shall mean any person, persons, firm, corporation or partnership that has been issued a contract or franchise by the Town Council for the exclusive purpose of handling, collecting, transporting and processing solid waste, recyclables, and/or organic materials.

(m) Curb collection shall mean the collection of solid waste, recyclables, or organic waste placed in a location at curbside of a residence so as not to obstruct the flow of traffic.

(n) C&D shall mean construction and demolition debris.

(o) Designated recycling collection location shall mean the place where an authorized recycling agent has contracted with the Town to pick up recyclables segregated from other waste material. Designated recycling collection location includes, but is not limited to, the curbside of a residential neighborhood, or the service alley or trash enclosure of a commercial enterprise.

(p) Designee shall mean an entity with which the Town contracts or otherwise arranges to carry out any of the Town's responsibilities as defined in this Chapter and 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.

(q) Dwelling shall mean a residence, including any flat, apartment, or other facility intended to be and permitted to be used for housing one or more persons, except "dwelling" does not include, hospitals, hotels, motels, nursing homes, or convalescent centers.

(r) Edible food shall mean food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter, 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.

(s) Enforcement action shall mean an action of the Town to address non-compliance with this Chapter, including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

(t) Excluded waste shall mean a hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious waste, regulated radioactive waste, and toxic substances or materials that a facility operator(s), who receives materials from the Town and its generators, reasonably believes 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 Town'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 Town, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily 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.

(u) Exclusive solid waste handling services means any action by the Town, whether by franchise, contract, license, permit, or otherwise, whereby the Town itself or one or more other local agencies or solid waste enterprises has the exclusive right to provide solid waste, recyclables, or organic waste handling services of any class or type within all or any of the territory of the local agency.

(v) Food distributor shall mean a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

(w) Food facility has the same meaning as in Section 113789 of the Health and Safety Code.

(x) Food recovery shall mean actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

(y) Food recovery organization shall mean an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

(1) A food bank as defined in Section 113783 of the Health and Safety Code;

(2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and

(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A food recovery organization is not a commercial edible food generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Chapter.

(z) Food recovery service shall mean 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).

(aa) Food scraps shall mean 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.

(bb) Food service provider shall mean an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

(cc) Food-soiled paper is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

(dd) Food waste shall mean all food and food scraps such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food waste excludes fats, oils, liquids, and grease when such materials are source separated.

(ee) Grocery store shall mean a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

(ff) Hazardous waste shall mean any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer or which generates pressure through decomposition, heat or other means if such waste or mixture of wastes may cause substantial injury, serious illness or harm to humans, domestic livestock or wildlife. It shall also include all wastes so defined by the California Health and Safety Code including "infectious waste."

(gg) High diversion organic waste processing facility shall mean a facility that is incompliance 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, 22022 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).

(hh) Industrial waste shall mean solid waste resulting from industrial processes and manufacturing operations including, but not limited to, wholesale and volume food processing waste, boiler house cinders, lumber scraps and shavings, metal scraps and shavings and chemical wastes.

(ii) Inspection shall mean a site visit where the town or its designee reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with the requirements set forth in this Chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

(jj) Large event shall mean 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.

(kk) Large venue shall mean 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.

(ll) Local education agency shall mean a school district, charter school, or county office of education that is not subject to the control of the town or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

(mm) Multifamily residential dwelling or multifamily shall mean of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

(nn) Municipal solid waste stream shall mean solid waste, recyclables, and organic waste and otherwise disposed-of materials commonly found in general collection process systems within a municipal jurisdiction.

(oo) MWELO shall mean the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7 and Chapter 9.75 of the Town of Apple Valley Development Code.

(pp) Noncompostable paper includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

(qq) Non-local entity shall mean entities that are not subject to the Town's enforcement authority, such as special districts located within the boundaries of the Town, including Apple Valley Fire Protection District and Mojave Water Agency, or as otherwise defined in 14 CCR Section 18982(a)(42).

(rr) Non-organic recyclables shall mean non-putrescible and non-hazardous recyclable wastes, including, but not limited to, bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

(ss) Notice of violation or NOV shall mean a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4 and issued in accordance with provisions as set forth in Section 1.01.200 of this Code.

(tt) Organic waste or organics shall mean solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 1898(a)(46). Biosolids and digestates are as defined by 14 CCR Section 18982(a).

(uu) Organic waste generator shall mean a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

(vv) Paper products include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

(ww) Printing and writing papers include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white woven 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).

(xx) Person shall mean an individual, group of individuals, and/or any legal entity recognized by the laws of the State.

(yy) Premises shall mean every dwelling house, dwelling unit, apartment house, or multiple-dwelling building, trailer, or mobile home park, store, restaurant, rooming house, hotel, motel, hospital, office building, department store; manufacturing, processing or assembling shop, or plant; warehouse; and every other property or building where any person resides or any business or activity is carried on or conducted within the Town of Apple Valley.

(zz) Processing shall mean the reduction, separation, recovery, conversion or recycling of solid waste, organic waste, or recyclables.

(aaa) Prohibited container contaminants shall mean discarded materials placed in a container that are not identified as being permitted or considered to be excluded waste.

(bbb) Property owner shall mean the person, persons, partnership, or corporation to whom the taxes on the property are assessed, as shown on the last equalized assessment roll of the County of San Bernardino, or alternatively, from such other records of the County Assessor or Tax Collector as contain more recent information.

(ccc) Recovered organic waste products shall mean products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR 18982(a)(49).

(ddd) Recovery shall mean any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

(eee) Recyclables or recyclable materials shall mean the materials segregated from the waste stream which can be processed and returned to the economic mainstream in the form of feedstock for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.

(fff) Recycle or recycling shall mean the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste 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.

(ggg) Recycled-content paper shall mean paper products and printing and writing paper that consists of at least 30%, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

(hhh) Regional agency shall mean regional agency as defined in Public Resources Code Section 40181.

(iii) Renewable gas shall mean gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

(jjj) Restaurant shall mean an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

(kkk) Self-hauler shall mean a commercial generator who is approved by the Town to haul Solid waste to a facility or location using the generator's own employees and equipment. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul shall mean generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

(lll) Single-family shall mean or pertain to any residential premises with fewer than five units.

(mmm) Solid waste has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes, with the exception that solid waste does not include any of the following wastes:

(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.

(2) 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).

(3) 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.

(nnn) Source separated or source separation shall mean materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection and processing.

(ooo) Supermarket shall mean a full-line, self-service retail store with gross annual sales of $2,000,000.0, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

(ppp) Tier one commercial edible food generator shall mean a commercial edible food generator that is one or more of the following:

(1) Supermarket.

(2) Grocery store with a total facility size equal to or greater than 10,000 square feet.

(3) Food service provider.

(4) Food distributor.

(5) Wholesale food vendor.

(qqq) Tier two commercial edible food generator shall mean a commercial edible food generator that is one or more of the following:

(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

(2) Hotel with an on-site food facility and 200 or more rooms.

(3) Health facility with an on-site food facility and 100 or more beds.

(4) Large venue or large event.

(5) 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.

(6) A local education agency facility with an on-site foot facility.

(rrr) Town shall mean the Town of Apple Valley.

(sss) Town Council shall mean the Town Council of the Town of Apple Valley, California.

(ttt) Town Enforcement Official shall mean the Town Manager or their authorized designee(s) who are partially or wholly responsible for enforcing this Chapter.

(uuu) Wholesale food vendor shall mean a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

(a) In compliance with applicable laws and regulations, the Town shall strive to reduce solid waste in landfills by recovering recyclable materials and organic waste.

(b) The Town shall provide for solid waste, recyclables, and organic materials handling services including, but not limited to, the collection, transfer and disposal of solid waste within the Town. The Town Council finds that to give practical effect to his or her policy, a comprehensive system for the periodic collection, removal and disposal of solid waste, recyclables, and organic materials from all premises in the Town is essential and benefits all occupants of premises in the Town and, therefore, all such occupants, unless exempt, are made liable for the solid waste, recyclables, and organic materials collection charges established by the Town Council for solid waste, recyclables, and organic materials handling services.

(c) The Town may also provide for solid waste, recyclables, and organic materials processing services which may include solid waste, recyclables, and organic materials from any or all premises within the Town. The Town Council finds that provision of solid waste, recyclables, and organic materials processing services benefits all occupants or premises in the Town and, therefore, all such occupants, unless exempt, are liable for solid waste, recyclables, and organic materials processing service charges established by the Town Council for solid waste, recyclables, and organic materials processing.

(d) It is further in the best interests of the public health, safety, and welfare that solid waste, recyclables, and organic materials collection, transfer, and disposal services within the Town be provided either by Town officers and employees directly or by exclusive contract with a qualified provider of such services.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

Every person who owns or who has charge or control of any occupied residential household or commercial location within the Town shall participate in the Town's solid waste, recyclables, and organics collection, processing, and disposal services program as provided in this Chapter. This mandatory participation in the Town's solid waste, recyclables, and organic materials handling services program is subject to either of the following limited variations from the provisions of this Chapter:

(a) Residential dwelling units during such period or periods in which they are continuously unoccupied for more than 60 consecutive days.

(b) Applicants issued permits authorizing variations from the provisions of this Chapter pursuant to Sections 6.20.210 and 6.20.240 of this Chapter to the extent authorized under said permits.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

(a) The Town shall provide for solid waste, recyclables, and organics collection, processing, and disposal services which shall include collection of all solid waste, recyclables, and organic materials from all premises within the Town as may be specified by agreement. The Town may determine all of the following:

(1) Compliance in disposal of solid waste, recyclables, and organic materials in a manner described herein shall be mandatory for all generators within the Town.

(2) Aspects of solid waste, recyclables, and organics handling, processing, and disposal which are of local concern including, but not limited to, frequency of collection, means of collection and transportation, source separation of recyclable materials and organics from other solid waste, designated solid waste, recyclable materials, and organics collection locations, level of services, charges and fees, and the nature, location and extent of providing solid waste, recyclable materials, and organics handling services.

(3) Whether the services are to be provided by means of non-exclusive, partially exclusive, or wholly exclusive franchise or contract, either with or without competitive bidding, or if, in the opinion of the Town Council, the public health, safety, and well-being so require, the authority to provide solid waste, recyclables, and organics handling services may be granted under terms and conditions prescribed by the Town Council by resolution or ordinance. The Town Council may grant an option for additional periods that extend such agreement for the same.

(4) The Town Manager or his or her designee shall have charge and supervision of such solid waste, recyclables, and organics handling services from the various parts of the Town so as to conform to the provisions of this Chapter.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

(a) The contractor shall provide the Town Clerk with certificates from insurance companies, acceptable to the Town Manager, showing that the Town is named as an additional insured, that the insurance is primary and not contributing with any other insurance available to the Town, and that the liability coverage is in an amount acceptable to the City.

(b) Such insurance shall be in full force and effect during the terms of the contract.

(c) The Town reserves the right to increase the amounts of insurance consistent with the terms and conditions of contract, and the contractor shall immediately comply with said increase.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

The contractor who contracts with the Town for the removal and disposal of solid waste shall be required to furnish a surety bond to the Town in an amount acceptable to the City, conditioned upon the faithful performance of the contract and the provisions of this Chapter, to collect all solid waste, recyclables, and organic waste in the Town and transport the same through the streets and public ways of the Town to such destination as provided in this Chapter. The Town reserves the right to increase the amounts of the surety bond requirement consistent with the terms and conditions of contract, and the contractor shall immediately comply with said increase.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

The contractor shall indemnify and hold harmless the Town, its officers, agents, employees, and volunteers for, from, and against any and all claims, losses, liabilities, demands, actions, or suits of every kind or nature arising or resulting from the contract or any operation of the contractor hereunder or in exercising any license or privilege granted to him or her by the contract or by an ordinance of the Town. Contractor shall upon demand of the Town, at his or her sole cost and expense and with attorneys selected by the Town, provide a defense for the Town and its officers, agents, and employees against any and all claims, actions, or suits brought against the Town or its officers, agents, and employees arising or resulting from or in any connection with the operations of contractor pursuant to the contract. Contractor's obligation to indemnify the Town shall not extend to claims, losses, liabilities, demands, actions, or suits resulting from a Town take-over and operation of contractor's equipment.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

The contractor and his or her subcontractors, if any, shall obtain and maintain in full force and effect throughout the entire term of the contract, full worker's compensation insurance in accordance with the provisions and requirements of the Labor Code of the State of California and any other applicable law. Certificates of such insurance, subject to approval by the Town Attorney, shall be filed with the Town Clerk. Said certificate shall provide that the Town shall be given 30 days' written notice by certified or registered mail prior to cancellation.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

All solid waste, recyclables, and organic waste collection shall be made as quietly as possible. The Town Council may fix and determine the hours of collection by resolution.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

Contractor shall collect and remove all solid waste, recyclables, and organic materials at least weekly. All such waste accumulated in hotels, restaurants, and markets within the Town shall be collected and removed at least twice weekly.

(a) The Town Manager or his or her designee may require a greater frequency of collections per week or larger containers, including capacity bin(s), dumpster(s) or cart(s) upon finding that an unhealthy, unsightly, or public nuisance condition is created due to the minimum collection frequency.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

All solid waste, recyclables, and organic materials shall be transported by contractor in metal lined containers that are leak proof and so constructed as to prevent such waste from falling, leaking, spilling, or any odor from escaping. All solid waste, recyclables, and organic materials shall be covered by a tarpaulin or other suitable covering from the time of last pickup and to the point of disposal. Every truck so used for the hauling of solid waste, recyclables, and organic materials shall be washed at least once a week, steam-cleaned once a month, and kept in a well-painted condition. All solid waste, recyclables, and organic materials shall be removed, conveyed, and disposed of in such a manner as not to be a nuisance, menace, or danger to the public peace, health, and safety, and shall be in accordance with any additional rules or obligations as set by resolution of the Town Council.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

Contractor shall provide all residential and commercial generators one or more watertight containers for holding solid waste, organics, and recyclables. Such containers shall be standard containers as defined in Section 6.20.010 and in accordance with the provisions set forth in 14 CCR, Division 7, Chapter 12, Article 3. It shall be the responsibility of the residential or commercial customer to maintain said containers in a safe, clean, and sanitary condition. Containers shall have a close-fitting cover to prevent insects, including flies, rodents and other animals, from coming into contact with contents. Containers shall have no irregular surfaces or be in a condition which is likely to cause injury to persons moving or lifting them. All containers whose weight limits are exceeded may be subject to additional handling fees as approved by resolution of the Town Council.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

The contractor shall furnish, on or before the 15th day of each calendar month, to the Finance Department or to other officials of the Town, the names and addresses of all persons who shall be liable for the payment of fees under this Chapter. In addition, all commercial accounts will include size and number of containers and the scheduled number of pickups per week.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

(a) Pursuant to 14 CCR, Division 7, Chapter 3, Article 5, Section 17331(H), all solid waste, recyclables, and organic materials created, produced, or accumulated in or about a residential unit in the Town shall be removed from the premises at least once each week.

(1) Failure to provide for the removal of such waste at least as often as prescribed in this Section is prohibited.

(2) Each day beyond the time specified in this Section that a Generator permits solid waste, recyclables, and organic materials to remain on the premises in a manner not authorized by this chapter shall be treated and considered a separate and distinct offense.

(b) Pursuant to 14 CCR, Division 7, Chapter 3, Article 5, Section 17331(H), storage of or accumulating any solid waste in any container or at any location other than as set forth in this Chapter is prohibited.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

(a) Depositing hazardous waste or household hazardous waste in any container to be collected for disposal by the Town's contractor is prohibited.

(b) It is unlawful and a misdemeanor for any person to burn, bury, or dump solid waste, recyclables, and organic materials within the Town at any time unless a special permit for such burning, burial, or dumping has been issued pursuant to authority conferred by the Town Council or the agency providing fire protection services within the Town.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

Each solid waste, recyclables, and organic materials container shall be kept or placed in the following manner:

(a) It shall be kept on the premises of the person receiving the container.

(b) It shall be placed for collection as follows: on the street, curbside, in front of the premises occupied by the person placing the same on street, curbside, or according to other arrangements made with contractor.

(c) Each container containing solid waste, organics, and/or recyclable materials shall be so placed for each respective collection period no sooner than sunset prior to the scheduled collection day and removed from the street after collection on scheduled collection day.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

No person other than the contractor shall provide solid waste, recyclables, and/or organic materials handling services, nor convey or transport solid waste, recyclables, and/or organic materials in, along, or over any public street, alley, or highway in the Town, nor take any solid waste, recyclables, and/or organic materials from any container in which the same may be placed for collection or removal, or interfere with or disturb any such container, or remove any such container from any location where the same is placed by the owner thereof, except as follows:

(a) Builders or contractors removing solid waste or recyclables from their construction sites in accordance with Chapter 8.19 of this Code; or

(b) Any person holding a valid Town business license to engage in the nursery or gardening business removing shrubbery, grass, tree cuttings, tree trimmings, or other agricultural debris, or any person removing the same from any property owned or occupied by such person; or

(c) Any person removing large or oversized items of solid waste, recyclables, and/or organic materials from their premises; or

(d) Any person applying or obtaining a permit in writing from the Town for the removal of solid waste, recyclables, and/or organic materials; or

(e) Any person recycling their own recyclables generated within their principle residence, to the extent permitted by law.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

The Town Council will annually review the Town's solid waste, recyclables, and/or organic materials program and activities, including the performance of recycling and solid waste processing services, contractors, franchisees, and authorized recycling agents.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

Single-family waste generators shall comply with the following requirements:

(a) Shall subscribe to the Town's three-container collection services for all solid waste, recyclables, and/or organic materials generated. The Town 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 required collection service for proper source separation and containment of materials; and single-family generators shall adjust service levels for their collection services as requested by the Town.

(b) Shall participate in the Town's solid waste, recyclables, and/or organic materials collection service(s) by placing source separated organic waste, as prescribed by the Town, in the green container, all recyclable materials in the blue container, and all remaining non-organic solid waste into the black container.

(c) Nothing in this Section shall prohibit a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

(a) Shall subscribe to the Town's four-container collection services and comply with requirements of those services as described below in Subsection (b), except commercial businesses that meet the self-hauler requirements in Section 6.20.240 of this Chapter. The Town shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper source separation of materials and containment of materials; and commercial businesses that shall adjust their service level for their collection services as requested by the Town.

(b) Shall participate in the Town's four-container collection services by placing source separated food waste in brown or beige container, all source separated green material, landscape and pruning waste in the green container, all recyclable materials in the blue container, and all remaining non-organic solid waste into the black container.

(c) Supply and allow access to an adequate number, size, and location of collection containers for employees, contractors, tenants, and customers, consistent with Town's franchise solid waste hauler collection service or, if self-hauling, in accordance with Section 6.20.240.

(d) Excluding multifamily residential dwellings, provide containers for the collection of source separated organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. The containers provided by the business shall have either:

(1) A body or lid that conforms with the container colors as provided through the collection service provided by Town, with either lids or bodies, or lids and bodies, conforming to the color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this Subsection prior to the end of the useful life of those containers, or 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.

(e) Excluding multifamily residential dwellings, 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.

(f) Excluding multifamily residential dwellings, periodically inspect containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of said containers.

(g) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated materials.

(h) Provide educational information to new tenants that describes requirements to source separate materials, as well as the location of containers and the rules governing their use at each property prior to or within 14 days of occupancy.

(i) Provide or arrange access for Town or its agent to their properties during all inspections conducted in accordance with Section 6.20.310 of this Chapter to confirm compliance with the requirements of this Chapter.

(j) If a commercial business wants to self-haul, then it shall meet the requirements as set forth in Section 6.20.240 of this Chapter.

(k) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.8(c).

(l) Commercial businesses that are tier one or tier two commercial edible food generators shall also comply with food recovery requirements, pursuant to Section 6.20.220 of this Chapter.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

(a) De minimis (low volume) waivers. The Town may waive a commercial business' obligation (including that of a multifamily residential dwelling) to comply with some or all of the organic waste and recyclables requirements of this Chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste or recyclable material as described in Subsection (a)(2) below. A commercial business requesting a de minimis waiver shall:

(1) Submit an application specifying the services from which they are requesting a waiver, and provide documentation as noted in Subsection (a)(2) below.

(2) Provide documentation that either:

(i) The commercial business's total solid waste collection service is two cubic yards or more per week and organic waste and/or recyclables subject to collection in a source separated materials designated container comprises less than 20 gallons per week, per applicable container of the business's total waste; or

(ii) The commercial business's total solid waste collection service is less than two cubic yards per week and organic waste and/or recyclables subject to collection in a source separated materials designated container comprises less than ten gallons per week, per applicable container of the business's total waste.

(3) Notify the Town if circumstances change such that the commercial business's organic waste and/or recyclables exceeds the threshold required for waiver, in which case the waiver shall be rescinded.

(4) De minimis waivers shall be valid for a period of five years, and are subject to verification by the Town.

(b) Physical space waivers. The Town may waive a commercial business's or property owner's obligations (including those of a multifamily residential dwelling) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the Town has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste or recyclables collection requirements of this Chapter. A commercial business or property owner may request a physical space waiver through the following process:

(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

(2) Provide documentation demonstrating that the premises lacks adequate space for the containers necessary for compliance with the provisions of this Chapter, including documentation from its franchise solid waste hauler, licensed architect, or licensed engineer.

(3) Physical space waivers shall be valid for a period of five years and are subject to verification by the Town.

(c) Review and approval of waivers shall be completed by the Town Manager or his or her designee. Waivers may be reviewed, approved, verified, or rescinded by the Town at any time at its sole discretion.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

(a) Tier one commercial edible food generators must comply with the requirements of this Section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024.

(b) Commencing January 1, 2024, 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.

(c) All 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 and/or food recovery services for:

(i) The collection of edible food for food recovery; and/or

(ii) Acceptance of the edible food that the commercial edible food generator self-haulers to the food recovery organization for food recovery.

(3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

(4) Allow Town's designated enforcement personnel to access the premises and review records pursuant to 14 CCR Section 18991.4.

(5) Keep records that include the following information:

(i) A list of each food recovery service or food recovery organization that collects or receives its edible food pursuant to a contract or written agreement.

(ii) A copy of all contracts or written agreements.

(iii) A record of the following information for each of those food recovery services or food recovery organizations:

1. The name, address, and contact information of the food recovery service or food recovery organization.

2. The types of edible food that will be collected by or self-hauled to the food recovery service or food recovery organization.

3. The established frequency that edible food will be collected or self-hauled.

4. The quantity of edible food, measured in pounds recovered per month, collected by or self-hauled to a food recovery service or food recovery organization for food recovery.

(d) Nothing in this Section 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 (Chapter 285, Statutes of 2017), relating to food safety, as amended from time to time.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

(a) The Town's Contractor providing residential, commercial, and/or industrial waste collection services to generators within the Town's boundaries shall meet the following requirements as standards as a condition of approval of any contract, agreement, or other authorization with the Town to collect solid waste, recyclables, and/or organic materials:

(1) Through written notice to the Town annually on or before June 30, identify the facilities to which they will transport waste, including facilities for source separated recyclable materials, source separated organic waste, and mixed waste.

(2) Obtain approval from the Town 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, Section 6.20.240 of this Municipal Code, and Chapters 8.15 and 8.19 of this Municipal Code.

(3) Comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its solid waste franchise agreement, permit, license, or other agreement entered into with the Town.

(b) Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon the Town's 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 Town shall respond within 60 days.

(c) Community composting operators, upon the Town's request, shall provide information to the Town 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 Town shall respond within 60 days.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

(a) Town-approved self-haulers shall source separate all materials that are generated on-site in a manner consistent with 14 CCR Sections 18984.1 and 18984.2 if the Town would otherwise require generators to source separate such materials for collection in the Town's solid waste, recyclables, and organic materials collection program, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

(b) Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

(c) Self-haulers that are commercial businesses (including multifamily residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the Town. The records shall include the following information:

(1) Delivery receipts and weight tickets from the entity accepting the waste.

(2) The amount of material in cubic yards or tons transported by the generator to each entity.

(3) If the material is transported to an entity that does not have an on-site scale, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

(d) Self-haulers that are commercial businesses (including multifamily residential dwellings) shall provide information collected in Subsection (c) to the Town no later than the 15th of each month for the previous month's activity.

(e) An application to self-haul must be approved by the Town Enforcement Official or his or her designee prior to commencing self-haul activities.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

(a) All bins/dumpsters shall be located out of easement areas, public rights-of-way, and the clear sight triangle.

(b) Bins/dumpsters and their enclosures shall not be located in a manner that requires a hauler to park perpendicular to the roadway while emptying them.

(c) All bin/dumpster enclosure locations must be approved and built in accordance with the Town of Apple Valley Development Code, Title 9 of this Code.

(d) Every person utilizing bin/dumpster service shall sign a liability waiver form.

(e) Paved access to bins/dumpsters or their enclosures shall not be required. However, when a dumpster cannot be serviced because of inadequate access, the dumpster may be replaced with containers, or paving may be required.

(f) Commercial and industrial use.

(1) Existing commercial or industrial-use property shall be evaluated with each tenant improvement application to determine if an intensification of use is to occur. Upon the determination of an intensified or expanded use, then installation of a masonry block enclosure will be required prior to the issuance of a certificate of occupancy.

(2) In the event there is inadequate space behind the structure or paved access does not exist for the placement of dumpsters and/or enclosures behind the setbacks, an application for approval may be submitted to the Town of Apple Valley Planning Department to place a dumpster enclosure within the required setbacks.

(g) Multifamily residential use.

(1) All existing multifamily residential property shall be required to enclose bins/dumpsters in accordance with the Town of Apple Valley Development Code, Title 9 of this Code.

(2) In the event there is inadequate space behind the structure or paved access does not exist for the placement of bins/dumpsters or the construction of enclosures behind the setbacks, an application for approval may be submitted to the Town of Apple Valley Planning Department to place a dumpster enclosure within the required setbacks.

(3) As an alternative to properly constructed and located enclosures, multifamily residential properties may use trash carts as provided by the Town's franchise solid waste hauler at a minimum ratio of one black solid waste container, one blue recyclable materials container, and one green organic materials container per residential unit. Multifamily residential properties with five or more units shall be required to also segregate their green and food waste separately into a green organic materials container and beige green waste container. Approval from the Town Manager or their designee is required on a case-by-case basis, dependent on space constraints and compliance with the intent of this Chapter.

(4) For multifamily residential developments, annual inspections of compliance will occur at the time of the property maintenance inspection conducted by the Town, pursuant to Chapter 8.34 of this Code.

(h) Single-family residential use.

(1) Regular bin/dumpster service shall be prohibited for single-family residential use for a period greater than seven days per calendar year, except as authorized by the Town Manager or their designee for temporary use and for a period not greater than 30 days per calendar year or as allowed in the following paragraphs.

(i) Single-family residential properties two and one-half acres or greater may obtain regular bin/dumpster service in lieu of trash carts and shall be maintained in accordance with subsection (h)(2) of this Section.

(ii) Upon approval of the Town Manager or their designee and confirmed keeping of animals including farm animals, horses, or similar where permissible pursuant to Table 15.01.125A, single-family residential properties may obtain regular bin/dumpster service when such service is necessary to dispose of large quantities of feces and shall be maintained in accordance with subsection (h)(2) of this Section.

(iii) Single-family residential properties under construction or remodeling with an active building permit and where a bin is necessary for the disposal of large quantities of construction waste may use a bin/dumpster in lieu of carts and shall be maintained in accordance with subsection (h)(2) of this Section.

(2) A bin/dumpster shall not be stored in the Town's right-of-way, on the frontage street, or directly in front of the residence and only in a manner as follows.

(i) The bin may be located behind the residence;

(ii) The bin may be located against the residence wall or a garage wall in a designated side yard; or

(iii) The bin may be located so that it is behind the front yard setback.

(3) Residents authorized for exception to subsection (h)(1) by the Town shall pay the rate as set forth by the franchise solid waste hauler, as may be adjusted from time to time by resolution of the Town Council.

(4) For the purposes of this Section, a legal nonconforming use is one which lawfully existed prior to the effective date of this subsection. The continuance of the legal nonconforming use will be allowed for any single-family residence with an existing enclosure constructed prior to February 26, 1998. If a legal nonconforming use is discontinued for 30 consecutive days or longer, it shall lose its legal nonconforming status hereunder.

(i) Nothing in this Section shall be construed to relieve a bin/dumpster service customer from the required organics diversion or recycling services pursuant to this Chapter.

(j) Failure to comply with any of the provisions of this Chapter 6.20 shall result in the removal of the bin/dumpster.

(k) Minimum clearance. All bins/dumpsters are required to be located a minimum of five feet from all combustible construction.

(l) New construction. Nothing in this Section shall nullify or supersede an ordinance or standard for enclosures for bin/dumpster placement or construction for new construction. The placement of bins/dumpsters and enclosure standards herein shall apply to existing commercial, industrial, multifamily residential, and single-family residential premises.

(Ord. No. 551, § 1(Exh. A), 3-8-2022; Ord. No. 568, § 2(Exh. A), 1-9-2024)

(a) Commercial use means premises upon which is located any type of business requiring a business license under the provisions of this Code or other ordinances of the Town, as well as multifamily residential dwelling units.

(b) Single-family residential use means premises upon which is located four or fewer residential dwelling units.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

(a) The property owner or owners of record of any place or premises within the Town where any solid waste or recyclable materials accumulate shall pay, or cause to be paid, to the Town a fee in such amounts and in such manner as shall be established or required by the Town Council for the service of having such solid waste or recyclable materials collected and removed from the place or premises. Any account set up and maintained for the collection of solid waste and recyclable materials collection fees contemplated by this Chapter shall be in the name of the property owner or owners of record only, and the property owner or owners of record shall be solely responsible for payment of the fees established.

(b) Nothing in this Section is intended to prevent an arrangement, or the continuance of an existing arrangement, under which payments of solid waste and recyclable materials collection fees are made by a tenant or tenants or any agent on behalf of the owner. However, any such arrangement will not affect the property owner of record's obligation to the Contractor or the Town for the solid waste collection fees.

(c) All solid waste, recyclables, and organics collection fees shall be billed and collected in accordance with rules and regulations adopted by the Town Council.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

The solid waste, recyclables, and organic materials collection fee shall be a civil debt owing the Town from the owner or owners of record of any place or premises within the Town where any solid waste and/or recyclables accumulate. If an invoice for solid waste, recyclables, and/or organic materials collection service is unpaid 60 days after mailing, a penalty of 10% shall be charged and an additional 1.5% per month shall be charged until the charges and penalties are paid in full. If court action is taken to enforce non-payment of charges, the property owner or owners of record shall pay all reasonable attorney fees incurred by the Town.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

Any fees authorized pursuant to Section 6.20.270 which remain unpaid after the delinquent date as set forth in Section 6.20.280 may be collected thereafter by the Town as provided in this Section.

(a) The Town Council shall cause a report of delinquent solid waste, recyclables, and organic materials handling fees to be prepared periodically. The Council shall fix a time, date, and place for hearing the report and any objections or protests thereto.

(b) The Town Council shall cause notice of hearing to be mailed to the property owner or owners listed on the report not less than 15 days prior to the date of hearing.

(c) At the hearing, the Town Council shall hear any objections or protests of the property owner or owners liable to be assessed for delinquent fees. The Town Council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

(d) The delinquent fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land, and are a lien on the property for the amount of such delinquent fees plus administrative costs. A certified copy of the confirmed report shall be filed with the Town for the amount of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien created attaches, upon recordation in the Office of the County Recorder, a certified copy of the resolution of confirmation. The assessment may be collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection, and enforcement of Town ad valorem property taxes shall be applicable to such assessment.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

Where practical difficulties make it impossible or extremely difficult to carry out the strict letter of this Chapter with respect to any particular premises, the Town Manager or his or her designee may issue special written authorizations that allow variations from the provisions of this Chapter and subject to satisfying the requirements below so that the spirit of this Chapter shall be observed, public health and safety secured, and substantial justice done.

(a) Financial hardship. Any owner or occupant of a single-family residence may be eligible for a reduction in fees associated with the solid waste collection and disposal program upon satisfying the following criteria:

(1) Complete and submit a Town of Apple Valley Financial Hardship Application along with a copy of the most recent Southwest Gas or Southern California Edison bill showing eligibility for a current financial hardship status.

(2) The approved applicant will be eligible to receive solid waste collection at the reduced bi-monthly hardship rate for a period of one year. The application will automatically expire after one year. It will be the responsibility of the applicant to submit a Town of Apple Valley Financial Hardship Application annually to avoid interruption of the reduced hardship rate.

(b) Physical hardship exemption. An applicant may be exempted from the provisions of this Chapter requiring placement of solid waste, recyclables, and organics containers at curbside or roadside upon a showing and/or certification by a physician of a physical condition which would not allow the applicant to carry or otherwise transport such containers from the dwelling unit to the curb or roadside. In the event such exemption is granted, arrangements will be made by the solid waste collection contractor to collect the solid waste and recyclable materials at the dwelling unit.

(c) Other. An applicant may be exempted from collection and disposal fees where other special circumstances exists under which the Town Manager finds that the criteria and purposes contained in this Chapter and Section are met.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

(a) The Town Enforcement Official or his or her designee(s) is/are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by organic waste generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This Section does not allow Town to enter the interior of a private residential property for Inspection.

(b) All regulated entities shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the Town's Enforcement Official or their designee(s) during such inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter and described herein. Failure to provide or arrange for access to an entity's premises or access to records for any inspection or investigation is a violation of this Chapter.

(c) Any records obtained by the Town 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) The Town Enforcement Official or his or her designee(s) is/are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.

(e) The Town shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 Regulations, including anonymous complaints. The City's franchise solid waste haulers shall relay to City all written complaints they receive concerning act or omissions of themselves or another entity that is potentially noncompliant with SB 1383 Regulations, including anonymous complaints.

(f) It shall be the duty of the Town Manager, or his or her designee, to inspect and supervise all trucks, carts or other vehicles used by the contractor in the collection and disposal of solid waste and see that the same are kept clean and sanitary. The Town Manager, or his or her designee, shall enforce the provisions of this Chapter, inspect any and all premises where solid waste is kept or accumulated for the purposed of determining sanitary conditions and investigate whether the provisions of this Chapter and all laws and ordinances of the Town and the State are in compliance.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)

(a) Violation of any provision of this Chapter shall constitute grounds for issuance of a notice of violation and the Town Enforcement Official may enforce the provisions of this Chapter in accordance with Chapters 1.01 and 1.08 of this Municipal Code, except as otherwise prescribed in this Chapter.

(b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The Town may pursue civil actions in Superior Court to seek recovery of costs and unpaid administrative citations. Town may also choose to defer such action until a sufficiently large number of violations, or cumulative size of violations exists, justifying a reasonable use of Town staff and resources.

(c) Enforcement pursuant to this Section may be undertaken by the Town Enforcement Official, legal counsel, or combination thereof.

(d) The Town Enforcement Official may monitor compliance with this Chapter randomly and via compliance reviews, route reviews, investigation of complaints, and an inspection program.

(e) The Town Enforcement Official may provide notice of container contamination via a cart tag or other written communication immediately upon identification of prohibited container contaminants or as soon as is practical. If the Town Enforcement Official observes prohibited container contaminants in a generator's containers on more than three consecutive occasions, the Town Enforcement Official may proceed with enforcement action pursuant to this Section.

(f) With the exception of violations addressed under Subsection (e), the Town Enforcement Official shall issue a Notice of Violation requiring compliance within 30 days of issuance of the notice.

(g) All notices shall be sent in accordance with Chapters 1.01 and 1.08 of this Municipal Code or to the party responsible for paying for the solid waste collection services.

(h) The Town Enforcement Official may extend compliance deadlines as 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 violator that make compliance within the timeframe impracticable, including, but not limited to, 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 town is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

(i) Beginning on the effective date of this Chapter and through December 31, 2023, the Town Enforcement Official shall provide educational materials to regulated entities describing their obligations under this Chapter and a notice that compliance is required by January 1, 2022 and that violations may be subject to administrative civil penalties starting on January 1, 2024.

(Ord. No. 551, § 1(Exh. A), 3-8-2022)