Barstow Municipal Code Art. I General Provisions

This chapter is known and may be cited as the "Solid Waste and Recyclables Collection Services Ordinance of the City of Barstow."

(Code 1969, § 6.20.010; Ord. No. 782, § 3(part), 2002)

It is the intent of the city council in adopting this chapter to set forth terms and conditions pursuant to which authorization may be granted by the city council to provide solid waste and recyclables collection services, and to promote the public health, welfare and safety of the community by establishing reasonable regulations relating to the storage, accumulation, collection and disposal of garbage, trash, rubbish, debris and other discarded matter, goods and material. No right of privacy is created through the enactment of this chapter.

(Code 1969, § 6.20.020; Ord. No. 782, § 3(part), 2002; Ord. No. 816, § 1, 2006)

(a) For the purposes of this chapter, the words, terms and phrases as defined in this section shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning is intended:

AB 939 administrative fee means any fee adopted by the city council pursuant to Public Resources Code § 41901.

Authorized collector means a solid waste enterprise operating under the provisions of a franchise agreement approved by the city council.

Bin means a detachable container used in connection with commercial/industrial premises with a one and one-half to six cubic yard capacity, equipped with a lid, and designed for mechanical pick-up by collection vehicles.

Box, or roll-off or drop box means a wheeled or sledded container or compactor, generally three to 40 cubic yards in size, suitable for the storage and collection of commercial or industrial solid waste or recyclables.

Bulky goods means oversized or overweight household articles placed curbside for collection at residential and/or commercial property, which oversized or overweight articles have weights, volumes or dimensions which cannot be accommodated by solid waste, recyclables, or organic materials containers for such premises, which include, but are not limited to, stoves, refrigerators, water heaters, washing machines, furniture, sofas, mattresses, box springs, large rugs and landscaping debris.

Collection means the operation of gathering together within the city, and transporting to the point of disposal or processing, any solid waste, recyclables and organics materials.

Collection agreement means an agreement between the city and a solid waste enterprise, entered into pursuant to article II of this chapter, for the provision of solid waste and recyclables collection services in the city.

Collector means any solid waste enterprise:

(1) Who has been awarded a collection agreement to provide residential or commercial/industrial solid waste or recyclables collection services in the city; or

(2) Who has been issued a permit or nonexclusive contract to provide solid waste and recyclables collection services to state facilities.

Commercial/industrial business owner means any person, firm, corporation or other enterprise or organization holding or occupying, alone or with others, commercial/industrial premises, whether or not it is the holder of the title or the owner of record of the commercial/industrial premises.

Commercial/industrial premises means all occupied real property in the city, except property occupied by state or local governmental agencies which do not consent to their inclusion, and except residential premises as defined hereof, and shall include, without limitation, wholesale and retail establishments, restaurants and other food establishments, bars, stores, shops, offices, industrial establishments, manufacturing establishments, service stations, repair, research and development establishments, professional services, sports or recreational facilities, construction and demolition sites, a multiple unit residential complex that is not a residential premises, and any other commercial or industrial business facilities, structures, sites, or establishments in the city.

Construction site or demolition site means any real property in the city in, on or from which a building or structure is being fabricated, assembled, erected or demolished, and which produces construction or demolition solid waste which must be removed from the property, and requires the use of commercial solid waste containers.

Construction waste or demolition waste means any solid waste or debris generated as the result of construction or demolition, including, without limitation, discarded packaging or containers and waste construction materials, whether brought on site for fabrication or used in construction or resulting from demolition, excluding liquid waste and hazardous waste.

Container means any vessel, tank, receptacle, box or bin used for the purpose of holding solid waste or recyclables for collection.

Disposal means the complete operation of treating and disposing of solid waste after the collection thereof.

Food material means a waste material of plant or animal origin that results from the preparation or processing of food for animal or human consumption and that is separated from the municipal solid waste stream. Food material includes, but is not limited to, food waste from food facilities as defined in Health and Safety Code section 113789 (such as restaurants), food processing establishments as defined in Health and Safety Code section 111955, grocery stores, institutional cafeterias (such as prisons, schools and hospitals), and residential food scrap collection. Food material does not include any material that is required to be handled only pursuant to the California Food and Agricultural Code and regulations adopted pursuant thereto. Food material is a subset of organic materials.

Franchise and administrative costs means the fee paid to the city by an authorized collector pursuant to the collection agreement, pursuant to section 6.20.060.

Green waste means that solid waste consisting of leaves, grass clippings, brush, branches and other forms of organic materials generated from landscapes or gardens, separated from other solid waste. The term "green waste" does not include stumps or branches exceeding four inches in diameter or four feet in length. Green waste is a subset of organic materials.

Hazardous waste.

(1) The term "hazardous waste" means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics, may do either of the following:

a. Cause or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.

b. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

(2) The term "hazardous waste" includes, without limitation, extremely hazardous waste, acutely hazardous waste, radioactive waste, and medical waste, and any other waste as may hereafter from time to time be designated as hazardous by the environmental protection agency (EPA) or other agency of the United States Government, or by the state legislature or any agency of the state empowered by law to classify or designate waste as hazardous, extremely hazardous or acutely hazardous.

Holiday means: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. The term "holiday" also means any other day recognized by resolution of the city council.

In the city or within the city means all of the territory within the corporate boundaries of the city as such boundaries exist on the effective date of the ordinance codified in this chapter or may thereafter exist by virtue of the annexation of territory to or detachment of territory from the boundaries of the city.

Landscaping bulky debris means organic materials that does not fit into an organic materials container, and includes stumps or branches exceeding four inches in diameter or four feet in length.

Manure means the waste droppings and soiled bedding materials from large domestic, farm, or ranch animals. Examples include manure and soiled bedding from animal production operations, riding stables, and other sources. Does not include feces from small household pets such as dogs and cats.

Organic materials means green waste and food material that are specifically accepted at the applicable approved facilities (as defined in the franchise between the authorized hauler and city).No discarded material shall be considered to be organic materials, however, unless it is separated from solid waste, recyclable material, and construction and demolition. Organic materials shall be regulated in accordance with Barstow Municipal Code chapter 6.39, Mandatory Organic Waste Disposal Reduction.

Processing means the reduction, separation, recovery and conversion of solid waste.

Property owner means the person, persons, partnership or corporation having legal title to property or to whom the taxes on a property are assessed, as shown on the last equalized assessment roll of the County of San Bernardino, or alternately, from such other records of the county assessor or tax collector that may contain more recent information.

Public agency means any governmental agency or department thereof, whether federal, state, or local.

Recyclables means those materials that are suitable for recycling, as determined by resolution of the city council, or as determined by state and/or federal laws, or as set forth in a collection agreement

Recyclables container means a container which is provided to residential premises for use in collecting and moving recyclables to curbside for collection by the collector, or a container which is provided to commercial/industrial premises for use by the collector in collecting and moving recyclables.

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 raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. The term "recycling" does not include transformation as defined in Public Resources Code § 40201.

Residential householder means any persons holding or occupying residential premises in the city, whether or not the owner of the residential premises.

Residential owner means the owner of any residential premises within the city.

Residential premises means any residential dwelling containing one to two units, which may include an accessory dwelling unit (ADU) and/or a junior accessory dwelling unit (JADU) within the city, except:

(1) Multiple unit residential complexes of three units or more, not counting an ADU or JADU; or

(2) Any multiple unit residential complex which, with the prior written approval of the city manager or designee, receives commercial bin service.

Resource recovery means any use of solid waste collected pursuant to this chapter, except for landfill disposal or transfer for landfill disposal. The term "resource recovery" includes, but is not limited to, transformation, composting, and multi-material recycling.

Solid waste means all putrescible and non-putrescible solid, and semisolid wastes, including garbage, compostable materials, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other semisolid wastes. The term "solid waste" does not include hazardous waste or household hazardous waste, medical waste, radioactive waste, sewage, abandoned vehicles and parts thereof, or restaurant grease and tallow.

Solid waste and recyclables collection services means the collection, storage, or transfer of solid waste (including organic materials) and recyclables.

Solid waste container means any container permitted to be used for the purpose of holding solid waste for collection.

Solid waste enterprise means any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing solid waste and recyclables collection services.

Source separation means material which is separated and sorted by type of material as close to the point of origin as practical.

Special items means any bulky or heavy objects that require bin service and are not bulky goods, including, but not limited to, dirt, sod, brick, manure, waste from any poultry yard or stable, and construction and demolition waste.

Standard commercial/industrial solid waste container means a state-of-the-art bin or solid waste container used in connection with commercial/industrial premises with a one to six cubic yard capacity, designed for mechanical pick-up by collection vehicles and equipped with a lid, or where appropriate for the commercial/industrial premises being served, a ten to 40 cubic yard rolloff box or enclosed compactor, and shall include other types of containers suitable for the storage and collection of commercial/industrial solid waste if approved in writing by the city manager or designated representative.

Standard residential organic materials container means a standardized roll-away container with a locking lid, made of metal, hard rubber or plastic and having an approximate capacity of at least 35 gallons, and of a design, color and durability as approved by the city manager or designated representative.

Standard residential recycling container means a standardized roll-away container with a locking lid, made of metal, hard rubber or plastic and having an approximate capacity of 35 to 65 gallons, and of a design, color and durability as approved by the city manager.

Standard residential solid waste container means a standardized roll-away container with a locking lid, made of metal, hard rubber or plastic and having an approximate capacity of 35 to 65 gallons, and of a design, color and durability as approved by the city manager.

Treated wood waste means wood that has been treated with a chemical preservative registered pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act for the purpose of protecting the wood against attacks from insects, microorganisms, fungi, and other environmental conditions that can lead to decay of the wood. Treated wood waste is a subset of hazardous waste.

(b) Nothing contained in this section shall be deemed to preclude the city and any enterprise from incorporating into any agreement for exclusive services definitions relating to their respective contractual rights and obligations which may differ from or augment those set forth herein.

(Code 1969, § 6.20.030; Ord. No. 782, § 3(part), 2002; Ord. No. 816, §§ 2—5, 2006; Ord. No. 968-2020, § 1, 10-19-2020; Ord. No. 984-2021, § 1, 12-6-2021)