Arroyo Grande Municipal Code Ch. 8.32 Solid Waste Disposal

The city, in making adequate provision in this chapter for the handling of solid waste, is doing so as a subdivision of the state and after being authorized and required to do so as a part of the state's comprehensive program for solid waste management and resource recovery and for the preservation, health, safety and well-being of the public. The municipal code provisions regarding solid waste handling, and the actions of the city pursuant to those provisions, are intended to implement state policy and to provide for the city's continuing authorized evaluation, planning, and supervision in the area.

(Prior code § 6-4.01)

For the purposes of this chapter, the following words and phrases shall mean as follows:

"Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for the applicable permits to undertake any construction, demolition or renovation project within the city.

"City" means the city of Arroyo Grande.

"City council" means the city council of the City of Arroyo Grande.

"Code enforcement officer" means the code enforcement officer of the city of Arroyo Grande.

"Commercial or industrial business" means a commercial or industrial business enterprise including commercial, industrial or nonprofit business uses or any other type of premise other than single-family and multiple-family residential, which has a commercial garbage account.

"Community development director" means the community development director of the city of Arroyo Grande.

"Compliance official" means the designated staff person(s) authorized and responsible for implementing this chapter.

"Construction" means the building of any structure or any portion thereof including any tenant improvements to an existing facility or structure.

"Construction and demolition debris" means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair or demolition operations on any pavement, house, commercial building, or other structure.

"Conversion rate" means the rate set forth in the standardized Conversion Rate Table approved by the city pursuant to this chapter for use in estimating the volume or weight of materials identified in recycling plan.

"Covered project" shall have the meaning set forth in Section 8.32.200(A)(1).

"Deconstruction" means the systematic removal of usage items from a structure.

"Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

"Designated recycling collection location" means and includes the place designated in the agreement between the city and any authorized recycling contractor from which the authorized recycling contractor has contracted to collect recyclable waste material.

"Diversion requirement" means the diversion of at least fifty (50) percent by weight of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an infeasible exemption pursuant to Section 8.32.200(E), in which case the diversion requirement shall be the maximum feasible diversion rate established by the recycling plan compliance official for the project.

"Divert" means to use material for any purpose other than disposal in a landfill or transformation facility.

"Drop box," also known as a roll-off container, means a solid waste container satisfying the requirements of Section 8.32.060.

"Franchisee" means and includes, a person or any other entity authorized under and by virtue of a contract with the city to collect solid waste.

"Hazardous materials" means any material defined as hazardous in the State Health and Safety Code, as may be amended from time to time; a waste that is hazardous according to the criteria set forth in the California Code of Regulations, as may be amended from time to time or any waste that must be disposed of in a hazardous waste landfill.

"Noncovered project" shall have the meaning set forth in section 8.32.200(A)(3).

"Occupant" means the person who is in possession of a commercial or residential property.

"Person" means any individual, partnership, firm, corporation, association, group or combination thereof and the plural as well as the singular.

"Project" means any activity that requires an application for a building or demolition permit or any similar permit from the city.

"Receptacle" means a solid waste container satisfying the requirement of Section 8.32.060.

"Recyclables" or "recyclable materials" means, but is not limited to, any paper, glass, cardboard, plastic, ferrous metal, aluminum, or other material that is to be segregated for collection.

"Recycling franchisee" means and includes a person or any other entity authorized under and by virtue of a contract with the city to collect recyclable material in the city.

"Recycling plan" means a completed recycling plan form, approved by the city for the purpose of compliance with this chapter, submitted by the applicant for any covered or noncovered project.

"Recycling" means 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 products which meet the quality standards necessary to be used in the marketplace.

"Renovation" means any change, addition or modification in an existing structure.

"Reuse" means further or repeated use of construction or demolition debris.

"Salvage" means the controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse or storage for later recycling or reuse.

"Solid waste" means all putrescible and nonputrescible waste, including, but not limited to, animal feces, food waste, waste paper, garbage, cardboard, rags, refuse, household ashes, wearing apparel, household goods, wooden containers, and all worthless, useless, unused, rejected or castoff solid or semi-solid matter and commercial and construction waste, including recyclable materials, hazardous materials and yard refuse as defined in this section.

"Yard refuse" means and includes grass, weeds, branches, hedges, and other plant cuttings and trimmings.

"Yard refuse franchisee" means and includes a person or any other entity authorized under and by virtue of a contract with the city to collect yard refuse.

(Ord. 556 § 2T, 2004; Ord. 523 § 1, 2001; prior code § 6-4.02)

A. The city has determined that periodic collection and disposal of solid waste from all developed properties in the city benefits all occupants of developed properties in the city.

B. The city will provide solid waste collection and disposal service through its franchisee, and all developed properties in the city must use the city's solid waste collection and disposal service except that there may be joint or multiple use of solid waste containers, subject to conditions established by the city.

C. The city or the franchisee shall collect all fees for solid waste collection and disposal, as specified in the franchise agreement.

D. The owner of developed property shall be responsible and liable for paying the solid waste collection and disposal fees for that property, although the city or franchisee will bill an occupant of such property if requested by the owner.

E. The failure of any occupant or owner to promptly remit the fee for solid waste collection and disposal when due and payable shall entitle the city or franchisee to collect a late fee from that owner or occupant. The amount of the late fee shall be established by the city council.

F. Pursuant to applicable Government and Health and Safety Codes, and upon the direction of the city council, any debt and all penalties arising hereunder may be collected and annually transferred to the county auditor for inclusion on the next year's tax bill of the respective property owner. An action in the name of the city may be commenced in any court of competent jurisdiction for the amount of any delinquent fees or charges and if legal action is brought by the city or its designee to enforce the collection of any amount charged and due under this section, any judgment rendered in favor of the city shall include costs of suit incurred by the city or its designee including a reasonable attorney's fee if allowable by statute.

(Prior code § 6-4.03)

A. No person shall accumulate, keep, or deposit solid waste upon any lot or parcel of land, whether public or private, other than in drop boxes or receptacles and in accordance with Section 8.32.060 or 8.32.070.

B. No person owning, occupying or having the control of any premises or vacant lot or occupying a dwelling within the city shall permit any solid waste to become or remain offensive, unsightly or unsafe to the public health or safety or to deposit, keep or accumulate or permit or cause any solid waste to be deposited, kept or accumulated, upon any property, lot or parcel of land or upon any public or private place, street, lane, alley or driveway, except as allowed in this chapter.

C. No person shall place or cause to be placed any solid waste generated upon any property or by any residential, commercial or industrial use into any receptacle or drop box other than those owned or controlled by such person, unless permission for such use is granted by the commercial or residential customer owning or controlling the receptacle or drop box.

D. No person owning, occupying or having control of any premises shall set out or cause to be set out for collection any solid waste other than that originating on the premises.

E. No person shall dispose of solid waste in or near litter receptacles placed by the city in public places for incidental use by pedestrian or vehicular traffic.

F. No person shall accumulate, keep or deposit solid waste in such a manner that a public nuisance is created, including, but not limited to, allowing flies, mosquitoes or rodents to breed therein.

(Prior code § 6-4.04)

A. The community development director and code enforcement officer are authorized and empowered to notify the owner, his or her agent, or person in control of any private premises within the city, to dispose of solid waste prohibited by this chapter. Such notice shall be given by posting the private premises and by certified mail addressed to the owner, his or her agent, or such other person at his or her last known address, or by personal service on the owner, agent, person in control or occupant of the property.

B. The notice shall describe the work to be done and shall state if the work is not commenced within five days after receipt of notice and diligently prosecuted to completion without interruption, the community development director shall dispose of the solid waste and the cost thereof shall be a lien on the property. C. The community development director shall cause to be kept in his or her office a permanent record containing: (1) a description of each parcel of property for which notice to dispose of waste matter has been given; (2) the name of the owner, if known; (3) the date on which such notice was mailed and posted; (4) the charges incurred by the city in disposing of waste matter and all incidental expenses in connection therewith; and (5) a brief summary of the work performed. Each such entry shall be made as soon as practicable after completion of such act.

D. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of the waste matter within five days after notice has been given as provided in this section, or within ten (10) days after the date of mailing such notice in the event the U.S. Post Office is unable to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the community development director is authorized and empowered to pay for the disposal of such waste matter out of the city funds or to order its disposal by city forces. The community development director and his or her authorized representatives, including any contractor with whom he or she contracts hereunder, and assistants, employees or agents of such contractor, are authorized to enter upon the property for the purpose of disposing of the waste matter described in the notice. Before the community development director arrives, any property owner may dispose of the waste matter at his or her own expense.

E. When the city has effected the removal of such waste matter, or has paid for its removal, the actual cost, including administrative cost, thereof plus accrued interest at the rate of six percent per year from the date of the completion of the work shall be charged to the owner of such property and the owner or his or her agent shall be billed therefor by mail if not paid prior thereto. The bill shall apprise the owner that failure to pay the bill will result in a lien.

F. Where the full amount due the city is not paid by such owner within thirty (30) days after date of the billing by the community development director, he or she shall cause to be recorded with the city clerk a sworn or certified statement showing the cost and expense incurred for the work, the date the work was done, and the location of the property on which the waste disposal work was done. The recordation of such sworn or certified statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. The costs and expenses shall be subject to a delinquent penalty of ten (10) percent in the event same is not paid in full on or before the date the amount due becomes a lien. Sworn or certified statements recorded in accordance with the provisions of this section shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest and costs, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. The city clerk shall record the lien. The remedy provided in this section shall not constitute an election of remedies by the city.

(Ord. 556 §§ 2U, 2V, 2004; prior code § 6-4.05)

A. Solid waste shall be kept free of all hazardous materials and shall be securely wrapped and placed in a closed receptacle or drop box.

B. Receptacles shall be made of plastic and of sufficient strength to prevent them from being broken under ordinary conditions. They shall have a maximum capacity of ninety-six (96) gallons and shall not exceed eighty (80) pounds when filled. Receptacles shall be in a condition such that their contents can be fully enclosed and such that they shall stand upright and leave no sharp, jagged, or otherwise dangerous corners or edges.

C. Drop boxes shall have a capacity of at least ten (10) cubic yards. They shall be constructed of metal or other material as approved by the city.

D. Receptacles and drop boxes shall be maintained in a clean, safe and sanitary condition.

(Ord. 556 § 2W, 2004; prior code § 6-4.06)

A. Any receptacle or drop box shall be placed for collection on any sidewalk, street, roadway or alley only as provided in this chapter.

B. Any receptacle shall be placed for collection along any street, roadway, or alley only on the day established for the collection of solid waste on the particular route or after 5:30 p.m. on the day immediately prior to such collection and shall not remain thereon for more than eighteen (18) hours after it has been emptied.

C. Any receptacle placed for collection along a street or roadway shall be placed between the curb line and the property line as close to the curb line or edge of the street or roadway as practicable.

D. Any receptacle or drop box placed for collection in any alley shall be placed as close to the property line as practicable.

E. Any drop box placed in any street, roadway or alley shall require an encroachment permit from the city pursuant to this code.

(Prior code § 6-4.07)

No person other than a franchisee or customer shall interfere in any manner with any receptacle or drop box or the contents thereof nor remove any such receptacle or drop box from the location where it was placed by the customer or franchisee nor remove the contents of any receptacle or drop box.

(Prior code § 6-4.08)

A. A franchise, exclusive or nonexclusive, for the collection and disposal of solid waste may be granted by the city.

B. No person shall collect, or enter into an agreement to collect, or provide for the collection or disposal of solid waste unless such person is authorized by the city to operate within the city by means of a franchise agreement.

(Prior code § 6-4.09)

Rates for solid waste collection and disposal shall be set by the city council.

(Prior code § 6-4.10)

The franchisee shall contract with the operator of a licensed disposal site for disposal of solid waste collected within the city. All solid waste collected within the city and not separated for recycling shall be delivered to the disposal site and disposed of according to the regulations of the disposal site.

(Prior code § 6-4.11)

All garbage or refuse of any kind shall be removed by the city, its agent, employees or franchisees or representatives at least once every seven days unless otherwise directed by the community development director.

(Prior code § 6-4.12)

Every truck used by a franchisee in the collection and removal of solid waste shall be kept in good repair, well painted, clean inside and out.

(Ord. 556 § 2X, 2004: prior code § 6-4.13)

A. Nothing in this chapter shall be deemed to prohibit the removal and hauling by an unlicensed person of materials considered by the community development director to constitute a health menace of such nature as necessary to be ordered to be promptly removed.

B. Nothing in this chapter shall be construed to prohibit any producer of solid waste from personally hauling the same in the producer's vehicle through the streets of the city; provided, however, such hauling and disposal shall at all times be subject to the approval and regulation of the community development director.

(Prior code § 6-4.14)

A. No solid waste, recyclable material or yard refuse shall be burned in the open air upon any street, alley, park, waterway or public place within the city.

B. No solid waste, recyclable material, or yard waste that, in burning, shall cause or create a dense or offensive smoke shall be burned upon any property within the city, whether in an incinerator or not.

C. No solid waste, recyclable material, or yard waste shall be burned in allowable areas without first obtaining a burn permit.

(Ord. 556 § 3A, 2004; prior code § 6-4.15)

The community development director shall have power to establish rules and regulations not inconsistent with this chapter governing the collection and disposal of solid waste; provided that such rules and regulations shall have as their purpose the enforcement of the provisions of this chapter and the health and sanitary laws and ordinances in effect in the city.

(Prior code § 6-4.16)

A. The city council had determined that it is in the best interests of the city to promote recycling of discarded waste materials.

B. The city council has determined that it is in the best interests of the city to promote said recycling through the use of a recycling franchisee.

C. The city council finds that the success of the recycling program is in part dependent upon the ability of a recycling franchisee to collect recyclable materials without interference by unauthorized persons and that such unauthorized interference may have serious adverse effects on the success of recycling programs.

(Ord. 556 § 2Y, 2004; prior code § 6-4.17)

A. The city has determined that periodic collection of recyclable materials from all developed properties in the city benefits all occupants of developed properties in the city.

B. The city will provide recycling collection service through its recycling franchisee.

C. The city or the recycling franchisee shall collect all fees for recycling collection, as specified in the recycling franchise agreement.

D. All owners of developed property shall be responsible and liable for paying the recycling collection service fees for that property, regardless of whether such owner elects to use such service, although the city or recycling franchisee will bill an occupant of such property if requested by the owner.

E. The failure of any occupant or owner to promptly remit the fee for recycling collection service when due and payable shall entitle the city or recycling franchisee to collect a late fee from that owner or occupant. The amount of the late fee shall be established by the city council.

F. Pursuant to applicable Government and Health and Safety Codes, and upon the direction of the city council, any debt and all penalties arising hereunder may be collected and annually transferred to the county auditor for inclusion on the next year's tax bill of the respective property owner. An action in the name of the city may be commenced in any court of competent jurisdiction for the amount of any delinquent fees for charges and if legal action is brought by the city or its designee to enforce the collection of any amount charged and due under this section, any judgment rendered in favor of the city shall include costs of suit incurred by the city or its designee including a reasonable attorney's fee if allowable by statute.

(Prior code § 6-4.18)

A. Commercial/Industrial Recycling Requirements—Franchisee. Any and all permitted recycling franchisees within the city shall be required to accomplish the following:

1. Supply appropriate recycling containers to all commercial and industrial business customers served by the recycling franchisee;

2. Work with commercial and industrial business customers to encourage recycling and to educate such customers about the need and requirement to recycle within the city. The recycling franchisee shall submit for approval by the community development director a strategy and methodology ("action plan") for increasing diversion and recycling within the city, to include educating, sending out notices, advertising in local publications, conducting workshops, obtaining formal commitments from businesses to recycle, policing diversion rates, and identifying businesses that fail to substantially comply with the recycling program. The action plan shall be submitted to the city for approval within ninety (90) days of receiving notice from the city to submit the plan;

3. Closely monitor the diversion rates of commercial and industrial businesses with respect to compliance with the requirements of the California Integrated Waste Management Act or as provided under applicable state law.

B. Required Monthly Reports. Any and all recycling franchisees removing recyclable material from the waste stream generated by commercial and industrial businesses shall report such diversions to the city on a monthly basis and indicate the type and amount of material diverted. The recycling franchisee shall prepare a city-approved form for this specific purpose.

C. Random Sampling. The city or its designee shall conduct random sampling of the waste stream to assure substantial compliance with the recycling requirements of the city. If the sample contains more than twenty (20) percent of recyclable material as defined in the recycling services franchise agreement the business will be deemed to be in substantial noncompliance. A warning will be issued and the waste will be resampled within a six-month period. Any subsequent finding of substantial noncompliance shall result in the business paying for the cost of the sampling in addition to the imposition of other penalties as specified below.

D. Penalties for Substantial Noncom-pliance. If a commercial or industrial business fails to comply with recycling requirements as determined from the sampling program, the city may suspend or revoke the applicable business license permit, and/or impose a civil fine of five hundred dollars ($500.00) for each day the business has failed to substantially comply.

E. Anti-Scavenging. No person or entity other than the business owner, employee or agent of the business, or licensed recycling franchisee shall remove any material from a recycling container.

(Prior code § 6-4.18.1)

Editor's note— Ord. No. 710, § 9, adopted Nov. 24, 2020, repealed § 8.32.200, which pertained to mandatory recycling of construction and demolition debris and derived from Prior code § 6-4.18.2; Ord. 523 § 2, adopted 2001.

The rates to be charged for the collection of recyclable materials and yard refuse shall be established by the city council.

(Prior code § 6-4.19)

Recyclable waste material shall become the property of a recycling contractor upon placement of recyclable waste material at a designated recycling collection location for collection by a recycling franchisee.

(Prior code § 6-4.20)

It is unlawful for any person, other than recycling franchisee to remove recyclable waste material that has been placed at a designated recycling collection location, during the twenty-four (24) hour period commencing at six p.m. on any day preceding a day designated for collection of recyclable material.

(Prior code § 6-4.21)

Nothing in this chapter shall limit the right of an individual person, organization or other entity to donate, sell or otherwise dispose of recyclable waste material; provided, that any such disposal is in accordance with the provisions of this chapter.

(Prior code § 6-4.22)

Nothing in this chapter shall be deemed to limit the right of a recycling franchisee to bring a civil action against any person who violates the provisions of Section 8.32.220, nor shall a conviction for such violation exempt any person from a civil action brought by an authorized recycling contractor.

(Prior code § 6-4.23)

The city council has determined that it is in the best interests of the city to promote separate collection of yard refuse.

(Prior code § 6-4.24)

A. The city has determined that periodic collection of yard refuse benefits all occupants of such developed properties in the city.

B. The city will provide yard refuse collection service through its yard refuse franchisee.

C. The city or the yard refuse franchisee shall collect all fees for yard refuse collection, as specified in the yard refuse franchise agreement.

D. All owners of developed property shall be responsible and liable for paying the yard refuse collection service fees for that property, regardless of whether such owner elects to use such service, except for owners of property exempt under the yard refuse franchise agreement. The city or yard refuse franchisee will bill an occupant of property subject to yard refuse collection service if requested by the owner.

E. The failure of any occupant or owner to promptly remit the fee for yard refuse collection service when due and payable shall entitle the city or yard refuse franchisee to collect a late fee from that owner or occupant. The amount of the late fee shall be established by the city council.

F. Pursuant to applicable Government and Health and Safety Codes, and upon the direction of the city council, any debt and all penalties arising hereunder may be collected and annually transferred to the county auditor for inclusion on the next year's tax bill of the respective property owner. An action in the name of the city may be commenced in any court of competent jurisdiction for the amount of any delinquent fees or charges and if legal action is brought by the city or its designee to enforce the collection of any amount charged and due under this section, any judgment rendered in favor of the city shall include costs of suit incurred by the city or its designee including a reasonable attorney's fee if allowable by statute.

(Prior code § 6-4.25)

A. Every owner or occupant of any property using yard refuse collection shall provide, in addition to the garbage receptacle mentioned in Section 8.32.060 of this chapter, up to six receptacles of a durable material, such as metal, plastic, rubber or fiberboard, with outside handles, or cardboard boxes to be collected, to contain all yard refuse which may accumulate upon such premises between collections. The gross weight of any one receptacle shall not be in excess of thirty-five (35) pounds.

B. All yard refuse shall be placed in receptacles provided for such refuse, except that trimmings from trees and shrubs and tree stumps need not be placed in a receptacle but will not be collected unless such material is placed in a bundle securely bound at both ends and not more than eighteen (18) inches in diameter, nor more than thirty-five (35) pounds in weight, nor more than four feet in length.

(Prior code § 6-4.26)

Any person who intentionally or negligently violates any provision of this chapter shall be civilly liable to the city. Such civil liability may be in a sum not to exceed ten thousand dollars ($10,000.00). The city may petition the Superior Court to enforce and recover such sums. In determining such amount, the city shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation; the nature and persistence of the violation; the length of time over which the violation occurs; the corrective action, if any; and the fines and penalties imposed on the city by other agencies.

(Prior code § 6-4.27)

A. The community development director shall enforce the provisions of this chapter.

B. No person shall in any manner interfere with the collection or disposal of solid waste, recyclable or yard refuse materials by any person authorized by franchisee, recycling of yard refuse franchisee to collect and dispose of the same.

(Ord. 556 § 22, 2004; prior code § 6-4.28)

Every person as defined in this chapter who violates any of the provisions of this chapter is guilty of a misdemeanor.

(Prior code § 6-4.29)