Barstow Municipal Code Art. VIII Commercial/Industrial Collection

The authorized collector shall collect and dispose of all solid waste generated and presented for collection at each commercial/industrial premises in conformity with the provisions of this chapter, except as otherwise provided in this chapter. Any such collection and disposal shall be in accordance with all applicable federal, state, and local laws and regulations and any controlling permit or collection agreement between the collector and the city. All solid waste collected by a collector shall be the exclusive property of the collector.

(Code 1969, § 6.20.600; Ord. No. 782, § 3(part), 2002)

The authorized collector shall collect solid waste from commercial/industrial premises not less than once per week. In no event shall such collection schedule permit the accumulation of solid waste in quantities detrimental to public health or safety. The city manager, or designated representative, may require an increase in service levels as deemed necessary to prevent nuisances and for the protection of public health, safety, and welfare.

(Code 1969, § 6.20.610; Ord. No. 782, § 3(part), 2002; Ord. No. 968-2020, § 12, 10-19-2020; Ord. No. 984-2021, § 22, 12-6-2021)

(a) Every commercial/industrial business served by an authorized collector shall use the standard commercial/industrial solid waste, recyclables, or organic materials containers provided by the authorized collector. Containers must have lids that are to be closed at all times, except when adding material. Containers must be accessible at time of service by collector and be free of obstruction by vehicles or other objects. A minimum of five feet shall be maintained between collection containers and any vehicle at all times.

(b) Every collector which provides any container or other equipment used for the storage of commercial/industrial solid waste shall:

(1) Place and maintain on the outside of such container, bin or other equipment, in legible letters and numerals not less than one inch in height, the collector's business name and telephone number, in a color contrasting with the background color of the container; and

(2) Provide containers on casters or with hasps and locks upon request by the commercial/industrial business owner. All containers shall have lids which are to be kept closed at all times.

(c) Containers which do not comply with the requirements of this section shall be presumed to be trash and taken by the contract or franchise agent(s) for disposal or potential use as salvaging or recycling containers.

(Code 1969, § 6.20.620; Ord. No. 782, § 3(part), 2002; Ord. No. 968-2020, § 12, 10-19-2020; Ord. No. 984-2021, § 23, 12-6-2021)

Solid waste, recyclables and organic materials containers provided by the collector shall be maintained in a clean and sanitary condition by the collector. Containers which are not provided by the collector shall be maintained in a clean and sanitary condition by the commercial/industrial business owner. Every commercial/industrial business owner shall provide a solid waste container location on the commercial/industrial premises and shall keep the area in good repair, clean and free of solid waste outside of the container. Every collector shall remove any solid waste or litter that is spilled or deposited on the ground as a result of the collector's emptying of the container or other activities of the collector. This will include dumping the bin with the lids open and allowing the solid waste to fall onto the ground.

(Code 1969, § 6.20.630; Ord. No. 782, § 3(part), 2002; Ord. No. 968-2020, § 12, 10-19-2020; Ord. No. 984-2021, § 24, 12-6-2021)

Upon collection of approved waste, recyclables, and organic materials by the collector, all containers shall be replaced, upright, where found, with the lids closed. No person, other than the owner thereof, shall, in any manner, break, damage, roughly handle or destroy containers placed on the premises of a commercial/industrial business owner.

(Code 1969, § 6.20.640; Ord. No. 782, § 3(part), 2002; Ord. No. 984-2021, § 25, 12-6-2021)

If particular commercial/industrial business premises require collections at times, frequencies or in a manner such that the collector is unable to perform the collection in the normal course of business, or where unusual quantities of solid waste or special types of material are to be collected and disposed of, or where special methods of handling are required, or where the quantity of solid waste requires the use of multiple (more than three) containers, the collector and the commercial/industrial business owner may make arrangements for such collection on mutually agreeable terms. If the business owner and the collector do not agree as to the methods for the service provided for in this section, the city manager shall determine the method of service. If the collector is unable or unwilling to provide such service, the city manager may authorize the business owner to use another solid waste enterprise for such special service until the collector can provide such service in its normal course of business.

(Code 1969, § 6.20.650; Ord. No. 782, § 3(part), 2002; Ord. No. 968-2020, § 12, 10-19-2020; Ord. No. 984-2021, § 26, 12-6-2021)

When a container is rejected by the collector, a tag or similar notification will be placed on the container and - provided to the property owner that indicates the reason the container is being rejected for pickup. The notice will identify measures the person offering the container for pickup must follow in order to have the container serviced by the collector. Such measures shall be completed within 24 hours and if not completed then container may be picked up at owner's cost. Reasons for rejection may include, but are not limited to: overflowing or improperly filled containers, prohibited container contaminants found in any container, and/or hazardous or illegal materials in said containers. Properties having repeated occurrences of rejection of waste may be charged an extra handling fee as set forth by resolution of the city council and may be required to have an adjustment in service level as deemed necessary to prevent nuisances and for the protection of public health, safety and welfare. Any overflowing or improperly filled container may be cleared immediately by the authorized collector at the request of the city without notification to the owner in order to protect public health, safety and welfare. Any repeated occurrence of rejection of waste at a property may result in the city requiring additional measures to ensure responsible waste management, including, but not limited to, installation of locking mechanism, construction or improvement of a secure waste enclosure and/or relocating containers to a more suitable location. Additional fees assesses to cover expenses related to cleanup and charges related to required service level changes or frequency are the responsibility of the proper owner.

(Ord. No. 968-2020, § 13, 10-19-2020; Ord. No. 984-2021, § 27, 12-6-2021)

Any restaurants and stores in which meats, fruits and vegetables are sold, cafes, hospitals, hotels and other public eating houses producing or having swill or grease/oil shall place all such swill in a suitable container apart from dry garbage so that such swill may be most conveniently collected by the agents or contractors of the city under such restrictions as the city council may, from time to time, impose upon any such restaurants and stores in which meats, fruits and vegetables are sold, cafes, hospitals, hotels and other public eating houses. At no time is it authorized or permitted for those businesses generating grease, fats and oils to discharge into the sewer system. The collection, transportation and rendering of inedible kitchen grease shall be in accordance with all applicable state, federal and local laws to ensure proper management of the material by the business. Any company providing collection, transportation and rendering service for the generator must obtain a city business license and prior to issuance or renewal is subject to review and approval by the environmental services department.

(Code 1969, § 6.20.660; Ord. No. 782, § 3(part), 2002; Ord. No. 984-2021, § 28, 12-6-2021)

Editor's note— Ord. No. 984-2021, § 28, adopted Dec. 6, 2021 amended § 6.20.660 and in doing so changed the title of said section from "Separation of swill (grease and oil) from dry garbage by restaurants, etc." to "Separation of swill (inedible kitchen grease/used cooking oil) from dry garbage by restaurants, etc.," as set out herein.

All treated wood waste will be separated by the generator from other wood waste and managed for alternative disposal in accordance with all applicable regulations, laws and policies. Treated wood waste is generated by numerous entities including construction firms, homeowners, utilities, and farmers.

(Code 1969, § 6.20.665; Ord. No. 816, § 10, 2006)

(a) The owner, operator, and/or occupant of any premises, business establishment, industry, or other property, vacant or occupied, shall be rebuttably presumed to be the generators of, and be responsible for the safe and sanitary storage of, all solid waste, designated recyclables, and organic materials, accumulated on the property. Recyclable material, and organics shall be stored separately from trash in designated containers, and in a manner consistent with this chapter.

(b) Designated recyclables and organic materials shall be sorted according to type and/or as established by program guidelines and placed in separate containers, containers with segregated compartments, or commingled (in one recycling container), as agreed upon by the city manager or designated representative and the contract or franchise agent(s). Containers, if more than one, shall be grouped together and placed for collection at the same time as when regular trash collection occurs or at designated recycling collection times (if different from trash collection) and at designated recycling collection locations.

(c) It shall be unlawful for any person to dispose, dump, or otherwise place material other than designated recyclables or organics in a designated recycling container or at a designated recycling collection or storage location.

(d) Exemption. Designated recyclables or organics which are source-sorted by their generator for the purpose of recycling by selling them to a buy-back center or donating them to a city- licensed nonprofit or community group conducting recycling programs for the purpose of raising funds do not have to be placed in the designated recycling container required by this section, nor placed in a designated recycling collection location in accordance with this section. When designated recyclables or organics are received by a city-licensed nonprofit or community group conducting recycling programs for the purpose of raising funds, they shall be stored and sorted in accordance with this section and transported to a buy-back center for the purpose of recycling.

(Ord. No. 968-2020, § 14, 10-19-2020; Ord. No. 984-2021, § 29, 12-6-2021)

Editor's note— Ord. No. 968-2020, § 14, adopted Oct. 19, 2020, created a new § 6.20.670, and in doing so, renumbered the former § 6.20.670, Violations; misdemeanors and infractions, as § 6.20.675.

Failure to comply with the provisions of this chapter shall make the person violating its provisions subject to administrative and/or civil citations, fines and penalties in accordance with section 1.01.150 and the city's environmental services personnel shall be authorized to enforce the provisions in accordance with Penal Code § 836.5(d)

(Ord. No. 968-2020, § 15, 10-19-2020)

Editor's note— See editor's note at § 6.20.670.