Article V — EXCLUSIONS

No provision of this chapter shall prevent residential householders from collecting and disposing of occasional loads of solid waste generated in or on their residential premises, or from composting organic materials, or from selling or disposing of recyclables generated in or on their residential premises. However, no residential householder shall employ or engage any solid waste enterprise, other than the authorized collector, to haul or transport such materials to a transfer station or landfill.

(Code 1969, § 6.20.270; Ord. No. 782, § 3(part), 2002; Ord. No. 968-2020, § 5, 10-19-2020)

No provisions of this chapter shall prevent a gardener, tree trimmer or person engaged in a similar trade from collecting and disposing of grass cuttings, prunings, and similar landscaping material not containing other solid waste when incidental to providing such gardening, tree trimming, or similar services. Landscapers shall maintain records of the quantities of material collected and shall ensure that collected material is diverted from the landfill to meet the city's organics recycling requirements.

(Code 1969, § 6.20.280; Ord. No. 782, § 3(part), 2002; Ord. No. 984-2021, § 6, 12-6-2021)

Editor's note— Ord. No. 984-2021, § 6, adopted Dec. 6, 2021 amended § 6.20.280 and in doing so changed the title of said section from "Gardener's exclusion" to "Landscaper's exclusion," as set out herein.

(a)

Source separated recyclables.

(1)

No provision of this chapter shall prevent a commercial/industrial business owner from selling to a buyer, for a monetary or other valuable consideration, any source separated recyclables, including, without limitation, any saleable scrap, discard, reject, byproduct, ferrous or nonferrous metal, worn-out or defective part, junk, pallet, packaging material, paper or other similar item generated in, on or by a commercial/industrial premises or business, and no longer useful to such commercial/industrial business but having market value, whether such buyer is a recycler, junk dealer, or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce; so long as such buyer is not engaged in the business of collecting solid waste for a fee or other charge or consideration, and that no such materials are transported for disposition to a landfill or transfer station (as defined in Public Resources Code § 40200). The term "source separated recyclables," within the meaning of this section, shall mean recyclables separated on the commercial/industrial premises from solid waste for the purpose of sale, not mixed with or containing more than incidental or minimal solid waste, and having a market value. However, those businesses which collect and market recyclable material within the city shall provide a monthly report which contains the type and volume or tonnage of material which was recycled. These reports will be provided to the environmental services department on or before the tenth of each month for the preceding month.

(2)

No provision of this chapter shall prevent a recycler, junk dealer or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce and which is not engaged in the business of collecting solid waste or providing solid waste collection services for a fee or other charge, or consideration, from buying any materials referenced in this subsection for a monetary or other valuable consideration, and which buys such materials for marketing and not for disposition in a landfill or transfer station (as defined in Public Resources Code § 40200); nor shall any provision of this chapter prevent such recycler, junk dealer or enterprise which buys such materials from removing and transporting such materials to a destination for marketing in the stream of commerce. No such buyer shall buy or transport such materials without prior authorization from the city, as required by this Code, whether in the form of a business license, a business permit, or a nonexclusive collection agreement.

(b)

In-house recycling programs. Nothing in this chapter shall prevent a commercial/industrial business which has its own recycling or resource recovery program for recyclables generated by such business and not utilizing a solid waste enterprise which provides collection services for a fee, service charge, or other consideration, from continuing such recycling or resource recovery program, and the recyclables included in such program are excepted from any collection agreement entered into by the city. Again, in order to comply with applicable state laws, monthly reports are required to be submitted to the environmental services department on or before the tenth of each month for the preceding month.

(c)

Renovation, rebuilding, repairs. No provision of this chapter shall prevent a commercial/industrial business owner from arranging for any worn, spent, or defective equipment, or part thereof, used in such commercial/industrial business and requiring renovation, rebuilding, recharging, regeneration or repair, to be picked up, renovated, rebuilt, recharged, regenerated or otherwise restored and repaired and returned to such commercial/industrial business owner; nor shall any provision of this chapter prevent any person engaged in the business of renovating, rebuilding, recharging, regenerating, or otherwise restoring or repairing such equipment or part thereof, from transporting the same from or returning it to the commercial/industrial business, or from removing, transporting or disposing of any such equipment, or part thereof, replaced in connection with an equipment repair or service contract.

(Code 1969, § 6.20.290; Ord. No. 782, § 3(part), 2002; Ord. No. 984-2021, § 7, 12-6-2021)

No provision of this chapter shall prevent a licensed contractor having a contract for the demolition or reconstruction of a building, structure, pavement, or concrete installation from marketing any saleable items salvaged from such demolition or reconstruction, or from causing such salvageable items or demolition waste to be removed and transported from the premises on which such waste is generated, pursuant to the provisions of the demolition or construction contract. If a subcontractor is to be engaged to remove such demolition waste, the authorized collector shall have the right of first refusal to provide such services. If the authorized collector cannot guarantee that such services will be provided within a period of 24 hours, for a per bin charge that does not exceed the maximum permitted by the collection agreement, the city manager

may authorize the licensed contractor or the owner of the premises to utilize the services of another duly authorized solid waste enterprise.

(Code 1969, § 6.20.300; Ord. No. 782, § 3(part), 2002)

No provision of this chapter shall prevent any person engaged in the business of destroying or disposing of secret, confidential, or sensitive documents from transporting or disposing of such documents by shredding, lumping, incinerating, or other means, as a part of such document destruction or disposal service.

(Code 1969, § 6.20.310; Ord. No. 782, § 3(part), 2002)

(a)

No residential householder shall employ or engage any solid waste enterprise, other than an authorized collector, to haul or transport such materials to a transfer station or landfill.

(b)

Commercial and industrial businesses/generators may donate, sell, or self-haul recyclable and organic materials upon approval by the solid waste department and such generators shall comply with the following requirements:

(1)

Annually, on or before January 10, generator shall submit to the city an annual report for the previous calendar year in hard copy or electronically. If not received on or before January 10, then generator may be subject to administrative and/or civil citations, fines and penalties in accordance with section 1.01.150. The report shall contain the following where applicable:

i.

Within 30 calendar days of a request by the city, the generator shall obtain and provide copies of weight tickets or receipts from the recycling centers) and/or permitted processing facility(ies) where the divertible materials were delivered by the generator or by a third party to whom divertible materials were donated or sold. Any third party hauler hired on behalf of the generator to transport divertible materials from the city limits to permitted processing facilities shall obtain a city business license.

ii.

Relevant information necessary to verify the end use of recyclable materials, green waste, wood waste and food scraps to ensure the materials were diverted from landfill and/or were processed at permitted facilities and diverted from landfill.

(2)

During regular business hours, generator shall allow the city access to properties to check containers for contamination and to verify compliance with all solid waste and recycling requirements.

(3)

Generators shall not submit any report to the city that contains false or misleading information.

(Ord. No. 968-2020, § 6, 10-19-2020; Ord. No. 984-2021, § 8, 12-6-2021)

Editor's note— Ord. No. 968-2020, § 6, adopted Oct. 19, 2020, repealed the former § 6.20.320 and enacted a new § 6.20.320 as set out herein. The former § 6.20.320 pertained to self-haul exclusion and derived from Code 1969, § 6.20.320; and Ord. No. 782, § 3(part), adopted in 2002.

(a)

In all cases where the right to an exclusion pursuant to sections 6.22.220 through 6.20.270 of this chapter is exercised, disposal shall be made at a disposal or processing facility, which meets all applicable regulatory requirements. Any such disposal by a person exempted under this section shall not relieve such person from any obligation or liability imposed by this chapter or any other city ordinance, resolution, rule or regulation for the payment of the minimum solid waste and recyclables collection rates imposed by the authorized collector pursuant to this chapter, or of any other applicable rates or fees.

(b)

Notwithstanding the foregoing, an owner of vacant property which does not generate any solid waste may request an exemption from the mandatory service requirement of section 6.20.340 for the period of time the property was vacant, pursuant to the procedure set forth in subsection (1)—(3) below. For the purposes of this subsection, "vacant property" means any property that is (a) undeveloped, or (b) unoccupied by any person for a period of at least 30 days preceding the request for exemption. Unauthorized occupancy is not sufficient to relieve the property owner from the mandatory service requirement.

(1)

An owner seeking an exemption for vacant property shall submit a written request for the exemption to the city manager or designated representative within 30 days of the last day of the previous billing cycle. The owner of the property shall have the burden of demonstrating with sufficient evidence that the property is a "vacant property." Examples of proof include, but are not limited to, a copy of the electricity or water bill showing that the property has used less than 200 kw hours of electricity or less than two Centum Cubic Feet (CCF) of water for each billing period during the period for which an exemption is sought, or other proof of vacancy as the city manager or designated representative may require.

(2)

If the exemption is granted, the city manager or designated representative shall provide notice to both the owner and the city's billing office, which shall state that the exemption shall only be effective for the period of time for which the vacancy was established.

(3)

An exemption may be granted for a maximum period of one year upon proof that the property has been a vacant property for a period of 12 months preceding the date of request on current accounts only. If an annual exemption is granted, the trash and recycle containers will be removed from the property and the collector shall notify the city of the removal date.

(4)

Thirty days prior to the expiration of the annual exemption, a notice will be sent to the property owner. Collection service will resume unless the owner requests a new exemption for a vacant property following the procedures set forth in subsection (b)(1)—(3) above or unless the property is undeveloped or deemed uninhabitable by the city building department.

(5)

Nothing in this subsection shall relieve a person from the payment of the solid waste and recyclables collection rates imposed for use of the services provided by the authorized collector if and when the property is no longer vacant.

(Code 1969, § 6.20.330; Ord. No. 782, § 3(part), 2002; Ord. No. 943-2015, § 1, 12-21-2015; Ord. No. 968- 2020, § 6, 10-19-2020; Ord. No. 984-2021, § 9, 12-6-2021)