Atherton Municipal Code Ch. 18.02 Operation

Sections:

• 18.02.050 Obligation of solid waste collection service. 18.02.070 Commercial generator requirements. 18.02.090 Solid waste collection areas. 18.02.100 Collection containers. 18.02.110 Collection container maintenance. 18.02.180 Waivers. 18.02.190 Self-haul requirements. 18.02.200 Right to divert recyclable material and organic materials. 18.02.210 Authorized collector requirements.

A. Except as otherwise provided by this title, all occupied premises shall subscribe for service provided by the authorized collector as herein specified, and for such service a charge shall be collected as per a schedule set by the town. The authorized collector shall give written notice to the city manager of the address of any occupied premises within the town which is not subscribing to the collection and disposal service provided by the authorized collector.

B. If any person should fail to subscribe for the collection and disposal of solid waste or violate the provision set forth in Section 8.20.050, said violation shall be presumed to be a nuisance upon the premises and shall be subject to enforcement actions.

C. A mandatory obligation is imposed on each person occupying, managing or operating any premises to separate and recycle all recyclable material and organic materials from the garbage generated on the premises.

D. Every property owner, commercial generator, residential generator, or other organic material generator within the town shall have the obligation for disposal of solid waste as provided in this title through the authorized collector and shall pay the authorized collector for the service at the rates provided therefor. Failure of receipt of a bill does not obviate responsibility for payment. In each instance, the property owner shall be primarily responsible for the payment of the charges provided for herein.

E. Generators shall arrange for a size, quantity, and collection frequency of collection containers to adequately store all solid waste generated in connection with the premises between the times designated for collection service. The town shall have the right to review the number and size of such collection containers to evaluate the adequacy of capacity provided for each type of collection service and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the town in order to meet the standards set forth in this title.

F. Generators shall place organic materials in the organic materials collection container; place source separated recyclable materials in the recyclable material collection container; and place garbage and other solid waste materials, as directed, in the approved garbage collection container. Generators shall not place prohibited container contaminants into the garbage collection container, organic materials collection container, or recyclable material collection container consistent with the requirements of the town and authorized collector.

G. Generators shall provide or arrange for access during all inspections and investigations (with the exception of the interior of a private residential property) and cooperate with the town manager or designee during such inspections and investigations.

H. Nothing in this section prohibits generators from preventing or source reducing waste generation, or otherwise diverting recyclable material and organic material as described in Section 18.02.200.

I. Nothing in this title shall prevent generators from self-hauling to an authorized solid waste facility in addition to subscription to the service provided by the authorized collector, consistent with self-hauling requirements in this title or from utilizing a temporary debris box service. (Ord. 649 § 3, 2021)

Commercial generators shall comply with the following requirements:

• A. Each commercial generator shall be responsible for compliance with the requirements of this section.

B. Each commercial generator shall subscribe to a level of service with an authorized collector that is sufficient to handle the volume of solid waste generated or accumulated on the premises. Additionally, each commercial generator shall ensure the proper separation of solid waste, as established by the town or authorized collector, by placing each type of material in designated collection containers, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on site conduct proper source separation of solid waste.

C. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors, conforming with requirements of this section, for employees, contractors, tenants, and customers, consistent with the service provided by the authorized collector.

D. Annually provide information to employees, contractors, tenants, and customers about organic materials recovery requirements and about proper sorting of solid waste.

E. Provide educational information before, or within, fourteen days of occupation of the premises to new tenants that describes requirements to source separate solid waste (as established by the town and authorized collector) and the location of collection containers and the rules governing their use at each property.

F. Accommodate and cooperate with the town designee’s monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate generator’s compliance.

G. If a commercial generator self-hauls, the commercial generator shall meet the self-haul requirements of this title.

H. Provide containers for the collection of organic materials and recyclable materials (as established by the town and authorized collector) in all indoor and outdoor areas where garbage disposal containers are provided for customers, for materials generated on site. Such containers do not need to be provided in restrooms. If a commercial generator does not generate any of the materials that would be collected in one type of collection container, then it is not required to provide that type of collection container in all areas where disposal collection containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the collection containers shall have either:

1. A body or lid that is gray or black for collection of garbage (and other solid waste materials as directed by the town), blue for collection of recyclable materials, and green for collection of designated organic materials. A commercial generator is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to 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.

I. To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a collection container not designated for those materials as established by the town and authorized collector.

J. Periodically inspect collection containers for contamination and inform employees if containers are contaminated and of the requirements to keep prohibited container contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

K. Commercial generators that are commercial edible food generators, as defined, shall comply with commercial edible food generator requirements in this title. (Ord. 649 § 3, 2021)

Each commercial business shall:

A. Designate space on the property to be used for storage of collection containers for all solid waste generated on the property.

B. Commercial businesses which receive communal service from the authorized collector shall provide and maintain space within or adjacent to each waste enclosure, or adjacent to each garbage collection container(s) for placement of sufficient organic materials collection container(s) and recyclable material collection container(s) per the town’s authorized collector.

C. Post a sign clearly identifying all solid waste collection areas and the materials accepted in each container therein shall be posted adjacent to all points of access to the collection area(s). (Ord. 649 § 3, 2021)

It shall be the duty of every property owner, occupant, and tenant of any premises within the town to store all solid waste in collection containers supplied by the authorized collector. These collection containers shall be constructed of metal or an approved plastic material and type which shall be watertight, nonabsorbent, animal resistant, durable, easily cleanable, equipped with handles, and having tight fitting covers such that the containers hold the solid waste without spillage and leakage, escape of odors, or access of flies to the contents thereof (adapted from 14 CCR Section 17315). (Ord. 649 § 3, 2021)

Each collection container and its cover shall be kept clean, and the cover shall not be removed except to place solid waste therein or to empty the same. The authorized collector will maintain or replace collection containers as needed. (Ord. 649 § 3, 2021)

Pursuant to 14 CCR Section 18984.11, the town may grant waivers to commercial businesses for physical space limitations and/or de minimis volumes. Commercial businesses seeking a waiver shall submit their request in a form specified by the town manager. After reviewing the waiver request, and after an on-site review, if applicable, the city manager may either approve or deny the following waiver requests:

A. De Minimis Waivers. The town may waive a commercial business’s obligation to comply with some or all the organic waste collection service if the commercial business meets the following requirements:

1. Submit an application specifying the type of waiver requested and provide documentation as described below.

2. Provide documentation that either:

a. The commercial business receives two cubic yards or more per week of service provided by the authorized collector and disposed organic materials subject to collection in the organic materials or recyclable materials container (as directed by the town’s solid waste collection service) comprises less than twenty gallons per week of the business’s total weekly solid waste; or

• b. The commercial business receives less than two cubic yards of weekly service provided by the authorized collector and disposed organic materials subject to collection in the organic materials or recyclable materials container (as directed by the town’s solid waste collection service) comprises less than ten gallons per week of the business’s total weekly solid waste volume.

• c. For the purposes of subsections (A)(2)(a) and (b) of this section, weekly solid waste shall be the sum of weekly volume of all collection containers measured in cubic yards.

3. Notify the town if circumstances change such that volume of commercial business’s disposed organic materials subject to collection in the organic materials or recyclable materials container (as directed by the town and authorized collector) exceeds threshold required for waiver, in which case waiver will be rescinded.

4. Provide written verification of eligibility for de minimis waiver every five years if the town has approved de minimis waiver.

B. Physical Space Waivers. The town may waive a commercial business’s obligations to comply with some or all of the commercial generator requirements if the town has evidence from its own staff, authorized collector, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic materials collection requirements. 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 waiver from mandatory collection service.

2. Provide documentation that the premises lacks adequate space for the approved recycling collection containers and approved organic materials collection containers including documentation from its authorized collector, licensed architect, or licensed engineer.

3. Provide written verification to the town that it is still eligible for physical space waiver every five years if the town has approved application for a physical space waiver. (Ord. 649 § 3, 2021)

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

A. Self-haulers that are commercial businesses shall keep a record of the quantity of organic materials delivered to each solid waste facility, operation, activity, or property that processes or recovers organic materials; 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. If the material is transported to an entity that does not have scales on site 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 materials.

2. The amount of material in cubic yards or tons transported by the generator to each entity. (Ord. 649 § 3, 2021)

Nothing in this title limits the right of any person to donate, sell, or otherwise remove their recyclable materials so long as the removal otherwise complies with this title.

Organic materials may be fed to animals on the premises where such organic materials are produced; provided, that the premises are always kept in a sanitary condition to the satisfaction of the town manager; and provided further, that the keeping and feeding of such animals shall at all times conform to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated.

Organic materials may be used in on-site composting or community composting, pursuant to 14 CCR Section 18984.9(c); provided, that such operation conforms to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated. (Ord. 649 § 3, 2021)

An authorized collector providing residential, commercial, or industrial organic materials collection service to generators within the town shall meet the following requirements and standards in connection with collection of organic materials:

A. Through written notice to the town annually identify the facilities to which they will transport organic materials including facilities for source separated recyclable materials and organic materials.

B. Transport source separated recyclable materials to a facility that recycles those materials and transport organic materials to a facility, operation, activity, or property that recovers organic materials as defined in 14 CCR, Division 7, Chapter 12, Article 2.

C. Obtain approval from the town to haul organic materials, unless it is transporting organic materials to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1.

Any person providing any service, function, or activity governed by this title who has obtained a business license from or entered into a contract or franchise agreement with the town shall fully comply with the terms of such franchise agreement, contract, business license as well as with the provisions of this title, and the administrative rules promulgated herein, and applicable state laws. Nothing contained in, or absent from, the provisions of this title shall relieve any such person of any obligation contained in such franchise agreement, contract, or business license, nor shall the fact of such franchise agreement, contract, or business license in any way relieve such person from the obligation to comply with this code and other applicable laws. (Ord. 649 § 3, 2021)