Arcata Municipal Code Art. 2 Collection Services

A. Use of City’s Authorized Collection Contractor Required. Subscription to mandatory collection service is required for all Solid Waste for Landfill Disposal, Designated Recyclable Materials, Organic Waste, and such other materials as designated by the City, which is generated on all occupied properties within the City as further specified in this Chapter. The owner of each parcel subject to this Section shall be responsible for entering into a collection service agreement with an Authorized Collection Contractor. Nothing herein is intended to prevent the property owner from allowing a tenant to obtain the collection services, and make payments therefor. However, such arrangement will not affect the property owner’s obligation to the City or to the Authorized Collection Contractor for payment for such service.

B. Phase-In of Mandatory Programs. At the City Manager’s discretion, implementation of mandatory collection programs of different materials may occur in phases. The property owner of each occupied premises, whether residential, commercial, or industrial, shall enter into a collection service agreement within the time specified in written notification from the City Manager. Mandatory collection service shall be required as the service for the material becomes available to each affected property.

C. Failure to Subscribe. If the City Manager has reason to believe that any person required to subscribe for collection services has failed to subscribe or failed to maintain a subscription for any required service, the City Manager may cause written notice to be mailed to the owner of the real property so affected directing the owner to subscribe for such service within ten (10) days after the date of the notice. Any such notice shall state that if the person to whom it is directed fails within the ten (10) day period to subscribe for collection service or fails to appear and show cause why such person should not be required to subscribe, the City Manager may authorize collection service at the level appropriate for the occupancy and use of the property, and the charges will be assessed against the real property to which the service is provided. After notice and a public hearing, unpaid delinquent accounts may be confirmed by the City Council, and the amount confirmed shall constitute a lien on the property. The lien shall continue until the amount of the charges and interest is paid in full or discharged.

D. Waivers. Any property owner or tenant who believes that they should be excluded from mandatory collection requirements may arrange to appear before the Director at a time specified, to show cause as to why they should be excluded. Any waiver granted by the Director is revocable for cause, as determined by the Director. Waivers may be granted on conditions as deemed necessary by the Director to ensure continuing eligibility. Violations of such conditions may result in the revocation of the waiver. The Director may waive mandatory requirements only if the Director is able to find at least one (1) of the following conditions or circumstances exists:

1. Uninhabited. That the property is unimproved or uninhabitable.

2. Vacancy. That a Single-Family residential unit or other structure on the property is vacant or temporarily unoccupied for a period in excess of four (4) months.

3. Parcel-Specific Conditions. That unique parcel-specific conditions exist which prevent that parcel from being serviced by the Authorized Collection Contractor, and the property owner or tenant self-hauls Solid Waste for Landfill Disposal to a Designated Transfer Facility, and reuses, recycles or composts Recyclable Materials. Parcel-specific conditions include, but are not limited to, properties with narrow, steep driveways or access over which the Collection Contractor may not safely travel. A waiver under this provision is subject to confirmation by the Authorized Collection Contractor.

4. Physical Space Waivers. That the lack of adequate space exists on the premises for the required Recycling Containers and/or Compost Containers. A waiver under this provision is subject to confirmation by the Authorized Collection Contractor that such parcel-specific conditions prevent collection services.

5. Application. A person or Commercial Business that requests a waiver shall:

a. Submit an application to the Director specifying the service or requirements for which it is requesting a waiver.

b. Provide documentation to support the requested waiver.

c. If the waiver is granted, promptly notify the Director if the circumstances for which the waiver was granted change, in which case the waiver may be rescinded.

6. Self-Haulers.

a. A Generator may self-haul Solid Waste for Landfill Disposal that is generated on-site to a facility approved by the City.

b. A Generator may self-haul their Source Separated Recyclable Materials to a facility that recovers those materials.

c. A Generator may self-haul their Source Separated Compost Container Organic Waste to a facility that processes or recovers Source Separated Organic Waste and is approved by the City.

d. A Self-Hauling Generator shall not be relieved of the obligation to subscribe to mandatory collection services solely because the Generator Self-Hauls. (Ord. 1560, eff. 1/20/2023)

A. Containers, All Collections. All Solid Waste for Landfill Disposal, Organic Waste and Recyclable Materials for collection shall be placed in the appropriate containers and at the location designated by the Director. Containers shall be maintained at all times in good repair and in a clean, neat and sanitary condition. Containers shall be kept covered at all times except when depositing or removing Solid Waste, Organic Waste, or Recyclable Materials. Containers shall be stored on private property unless the owner has been granted written permission by the City to use public property for such purposes.

B. Source Separation Required. Each Generator shall Source Separate Designated Recyclable Materials and Organic Waste and place the materials into the appropriate container provided for collection. Source Separated material shall not be placed into any Collection Container other than the Collection Container intended for such Source Separated materials.

C. Containers, Mandatory Collection. The Authorized Collection Contractor shall provide each Customer, without expense to the City or Customer, a sufficient number of adequate containers for storage and collection of all Solid Waste for Landfill Disposal, Organic Waste, and Designated Recyclable Materials, based on the subscribed level of service. The cost of replacing containers due to the Customer’s negligent or intentional actions may be charged to the Customer. The weight of any individual Solid Waste container and contents when such container is filled to within four (4) inches of the top shall not exceed one and one-fourth (1.25) pounds per gallon. Customers may be charged a refundable deposit for containers.

D. Storage, General. The area used for storage of any Solid Waste, Organic Waste, and Recyclable Material shall be maintained at all times in a clean, neat and sanitary condition, in such a manner that does not create a health or safety hazard, and does not litter public or private property, including the premises of the Generator. Solid Waste, Organic Waste, and Recyclable Material may not be stored on or in front of any premises in an unsightly manner. The Director may establish additional container and/or storage requirements as needed to maintain the public health and safety.

E. Use of Unauthorized Containers. Each use of a Landfill Container, Recycling Container, or Compost Container other than that provided by the Authorized Collection Contractor, and each use of such Container which does not meet the weight limitations, shall constitute a separate and distinct offense punishable as provided in this Chapter. In all situations of nonconforming containers, a warning notice shall be mailed to the Customer and/or property owner advising of applicable provisions of this Chapter. (Ord. 1560, eff. 1/20/2023)

A. Point of Collection. The Director may specify the placement of Landfill Containers, Recycling Containers, and Compost Containers on the curb or alley, and may also specify the size, type, or kind of Container for collection. When space restraints exist, the Director may require Customers to utilize combined collection containers. It shall be presumed that materials placed in specified collection containers at a point of collection in accordance with this Chapter are to be collected by an Authorized Collection Contractor.

B. Collection Intervals. Solid Waste for Landfill Disposal shall be collected weekly, monthly, bi-monthly or more frequently as determined necessary by the Director to protect the public health and safety. Organic Waste and Recyclable Materials shall be collected at frequencies established by the City in the collections service contract or franchise agreement.

C. Time Limit on Container Placement at Curb. Landfill Containers, Recycling Containers, and Compost Containers placed on the curb for collection shall be placed not more than twelve (12) hours prior to the collection date and shall be removed not more than twelve (12) hours subsequent to the collection date.

D. Authority To Enter Upon Private Property. The City, its employees, and Authorized Collection Contractors are authorized to enter upon and/or across private property for the sole purpose of collecting Solid Waste, Recyclable Materials, and Organic Waste as required by this Chapter. Authorized Collection Contractors shall not enter dwelling units or other residential buildings for collection purposes. Owners of Commercial Business premises may provide written permission for an Authorized Collection Contractor to enter such premises for collection purposes.

E. Responsibilities at Point of Collection.

1. Authorized Collection Contractors shall be responsible for the collection of Solid Waste, Organic Waste, and Recyclable Materials from the point of collection to the transportation vehicle; provided, that Solid Waste and Recyclable Materials are placed in containers as required by this Chapter. Any spillage or blowing litter occurring prior to the arrival of Authorized Solid Waste Collection Contractor at the point of collection shall be collected and cleaned up by the Generator of such Solid Waste. Any spillage or blowing litter caused as a result of the Authorized Solid Waste Collection Contractor shall be collected and cleaned up by the Solid Waste Collection Contractor.

2. Authorized Collection Contractors shall not be required to reach into containers to remove any contents.

3. Containers emptied by Authorized Collection Contractors shall be returned to the point of collection.

F. Special Collections. The Director may require an Authorized Collection Contractor to make collections in addition to those ordinarily scheduled, when necessary, to protect the public health and safety. Fees for such special collections shall be established by resolution of the City Council.

G. Vehicle Standards. Vehicles used by Authorized Collection Contractors to transport Solid Waste for Landfill Disposal, Organic Waste, or Recyclable Materials shall be maintained in a safe, clean, and sanitary condition, and shall be constructed, maintained, and operated to prevent litter spillage, leakage, emission of offensive odors, or creation of a health or safety hazard.

H. Liability Insurance. No contracts or franchises for Solid Waste, Organic Waste, or Recyclable Materials collection services shall be entered into by the City until and unless the prospective contractor or franchiser shall procure and maintain for the duration of the contract or franchise, workers’ compensation insurance and insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work thereunder by the contractor or franchiser, its agents, representatives, employees or subcontractors. Coverages, minimum limits of insurance, deductibles, self-insured retentions, as well as all other insurance provisions, shall be in a form and amount satisfactory to the City. Persons applying for permits for Solid Waste collection services may be required to procure and maintain liability insurance as deemed appropriate by the City. (Ord. 1560, eff. 1/20/2023)

A. Solid Waste. Solid Waste for Landfill Disposal shall remain the property of the Generator even after such Solid Waste is placed at a point of collection or into a bulk container for collection or is deposited in violation of this Chapter. The Generator of Solid Waste shall retain ownership of such Solid Waste even after its collection.

B. Source Separated Materials. Source Separated Materials placed on the curb for collection shall become the property of the Authorized Collection Contractor or of the City, as set forth in the collection agreement entered into by the City and such contractor.

C. Self-Haul of Own Materials. Nothing in this Chapter limits the right of any person to donate, sell or otherwise dispose of his or her Source Separated Recyclable Materials or Organic Waste generated in excess of the Compost Container capacity. Self-hauling of excess Organic Waste shall be in compliance with this Chapter. The transportation of any such Materials shall occur in a manner that does not create any litter spillage, leakage, emission of offensive odors, or creation of a health or safety hazard. (Ord. 1560, eff. 1/20/2023)

A. Processing and Disposal at Approved Sites Only. All Solid Waste shall be deposited at a processing facility or disposal area designated by the City, approved by the State and in compliance with all relevant requirements of local, state, and federal laws and regulations. Authorized Collection Contractors shall transport collected Solid Waste, Organic Waste and Recyclable Materials to facilities as specified in the collection agreement entered into by the City and such contractor or permit issued by the City.

B. Unlawful Disposal. It shall be unlawful for any person to throw or deposit any Solid Waste, Organic Waste, or Recyclable Materials, or to cause the same to be thrown or deposited, in or upon any street, alley, gutter, park, body of water or other public property, or upon any private property. It shall be unlawful for any person to place Solid Waste, Organic Waste, or Recyclable Materials into any collection container without authorization from the City or Customer having possession of such container.

C. Placement in City Waste Containers Prohibited. City Solid Waste and Recyclable Material containers are placed in City parks and other public areas for the use by the public to control trash, litter and garbage generated at their respective locations. Such containers are not to be used as disposal sites for trash or rubbish which is generated off site. It is unlawful for any person to place, dump, deposit or throw away Solid Waste, Recyclable Material, yard waste, or other refuse or debris of any kind or character whatsoever in City Solid Waste containers if such was generated at a location other than where the waste container is located. (Ord. 1560, eff. 1/20/2023)

A. Hazardous Waste Segregation; Disposal. All Generators of hazardous waste shall segregate such hazardous waste from all other Solid Waste.

B. Hazardous Waste Disposal. No person, entity or firm may knowingly cause or permit hazardous waste to be collected or transported to a Landfill Disposal Facility, except in accordance with State and Federal law.

C. Violations. Any person, entity or firm found in violation of this Section shall be guilty of a misdemeanor. Any and each such placement of hazardous materials shall constitute a separate and distinct offense. (Ord. 1560, eff. 1/20/2023)

A. Collection of Other Solid Waste, Organic Materials, and Recyclable Materials. The City may enter into exclusive and nonexclusive contracts or franchise agreements, or issue permits for collection services of non-Designated Recyclable Materials, including but not limited to collection of such items as green waste, bulky goods, and Food Waste, in which case the applicable provisions of this Chapter shall apply.

B. Grading, Demolition, and Construction (C&D) Waste. Grading, demolition and construction (C&D) waste shall be confined to the property on which grading, demolition or construction occurs, and shall be removed by the owner or his agents immediately after such demolition or construction is completed. Transportation and Disposal of C&D material shall be in compliance with this Chapter and applicable State and local law.

C. Special Waste. Special wastes shall be confined to the property upon which they originate in such a manner that does not create a health or safety hazard. No items of special wastes shall be stored on or in front of any premises in an unsightly manner. The collection and/or transportation of special wastes to a disposal or processing facility shall be the responsibility of the Generator of said special wastes, and such collection and/or transportation shall occur in a timely fashion.

D. Green Waste. Tree limbs, brush, and other yard waste which cannot be composted shall be confined to the property upon which it originates in such a manner that does not create a health or safety hazard. The Generator of such green waste shall be responsible for making prompt arrangements to have such green waste collected and transported to a disposal or processing facility in a timely fashion.

E. Abandoned Solid Waste. When the generator of Solid Waste cannot be located or identified, the owner of the premises or property on which such Solid Waste is found shall be responsible for the storage, collection, and/or processing of such Solid Waste materials in accordance with this Chapter.

F. Drop-off Centers. The City may permit Drop-off Centers to receive self-haul Recyclable Materials not otherwise subject to mandatory collection requirements (including California Redemption Value products) of this Chapter, and receive Recyclable Materials from an Authorized Collection Contractor for processing. A Drop-off Center may not operate without authorization from the City. All such Drop-off Centers must be operated in compliance with applicable state law and City regulations, and be operated in a neat and clean manner that does not create a public health or nuisance hazard. (Ord. 1560, eff. 1/20/2023)

A. Unauthorized Collection Prohibited. It shall be unlawful for any person other than the Generator or an Authorized Solid Waste or Recycling Collection Contractor to remove Solid Waste or Recyclable Materials which have been placed on a curb or alley for collection.

B. Placement of Unauthorized Materials. It shall be unlawful for any person to place any object or item of any kind or character except the authorized Solid Waste or Recyclable Materials on a curb or alley for collection by an Authorized Solid Waste or Recycling Collection Contractor.

C. Interference. It shall be unlawful for any person to interfere in any manner with Solid Waste collection equipment or Solid Waste Collection Contractors in the lawful performance of their duties as such, whether such equipment or collectors are those of the City or of an Authorized Solid Waste Collection Contractor.

D. Burning. It shall be unlawful for any person to burn Solid Waste except in accordance with all applicable federal, state and local laws.

E. Accumulation of Materials Constituting a Hazard. It shall be unlawful for any person to create or allow to be created or maintained upon any premises owned, occupied or managed by such person any accumulation of materials that are dangerous as a fire menace or hazard to the public health, safety and welfare. (Ord. 1560, eff. 1/20/2023)

A. Solid Waste Survey. When requested by the Director, all Generators of Solid Waste, whether private, commercial, agricultural, industrial, or institutional shall submit information on the nature and character of their Solid Waste production and its disposal or processing by completing a Solid Waste survey. The Director shall prepare a form for this purpose and may periodically require Generators to update the survey. The purpose of the survey is to enable the City to comply with requirements of state recycling law.

B. Confidential Information. Information and data provided on a Solid Waste survey shall be available to the public, unless the Generator is able to demonstrate to the satisfaction of the Director that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable State law, or would otherwise subject the Generator to an unreasonable invasion of privacy. (Ord. 1560, eff. 1/20/2023)