Beaumont Municipal Code Art. I General Provisions

A. Purpose. The management and proper disposal of solid waste is a matter of great importance to the City, its citizens, visitors, property owners and businesses. The City finds that the public health, safety, and well-being require the generation, accumulation, handling, collection, transportation, conversion and disposal of solid waste be controlled and regulated by the City through the comprehensive system provided in this Chapter. This Chapter is intended to ensure solid waste handling services are readily available, adhere to uniform standards, and are reliable, clean, and efficient. The City has a strong interest in reducing the harboring and breeding of rodents and insects, reducing the spread of disease, and preventing pollution and other unsightly degradation of the environment, which can occur with the improper handling of solid waste and the excess accumulation of solid waste.

B. Findings. The City finds and declares:

1. Article XI, § 7 of the California Constitution authorizes cities to make and enforce within their limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.

2. The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, ("AB 939" or the "Act") (codified at Public Resources Code §§ 4000 et seq.) established a solid waste management process that requires cities and other local jurisdictions to adopt and implement plans to reduce the amount of solid waste generated within their jurisdiction and to maximize reuse and recycling.

3. AB 939 states that the frequency of solid waste collection, the means of solid waste collection and transportation, levels of services, charges and fees for services, and the nature, location and extent of providing solid waste services, are matters of local concern.

4. AB 939 expressly allows cities to provide solid waste services to its residents by its own forces or by authorizing a private entity to provide those services.

5. The State of California adopted legislation (AB 341) (Chapter 476, Statutes of 2011 [Chesbro, AB 341]) that requires any business that generates four cubic yards or more of commercial solid waste per week or is a multifamily residential dwelling with five or more units to arrange for recycling collection services.

6. Assembly Bill 1826 of 2014 requires businesses and certain multi-family property owners that generate a specified threshold amount of solid waste per week including garbage, recycling, and organic waste to arrange for recyclable material and organic waste collection services for that waste and requires the City to implement a mandatory commercial organics recycling program for designated commercial property owners.

7. Senate Bill 1383 of 2016, The Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organic waste in landfills as a source of methane. These regulations, which were adopted in 2020 (the "SB 1383 Regulations"), place requirements on multiple entities including the City, residential households, commercial businesses, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets. The SB 1383 Regulations require the City to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations.

8. This Chapter implements Article XI, § 7 of the California Constitution and AB 939 in the City of Beaumont and protects public health and safety by authorizing the City Council to provide solid waste handling service itself or to award one or more franchises to private entities.

(Ord. No. 1143, § 2(Exh. A), 11-16-2021, eff. 1-1-2022)

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section. Words and phrases not defined in this Chapter shall have the meaning ascribed by Section 1.04.010 of this Code, and if not defined therein, then as applicable, as in: Division 30, Part 1, Chapter 2 of the Public Resources Code, Sections 40100 et seq.; the regulations of the California Department of Resources Recycling and Recovery; the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901, et seq. and the regulations implementing RCRA, as they may be amended.

"AB 939" or "Act" means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code, §§ 40000 et seq. as it may be amended, including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), and as implemented by the regulations of CalRecycle or its successor agency.

"Account holder" means the persons or entities whose name(s) are on a solid waste franchisee's account for a premises.

"Bin" means a container, typically between one and eight cubic yards, provided by a solid waste franchisee for the collection of solid waste, recyclable material and organic waste.

"Bulky waste" means solid waste that would not typically fit within a container, including, but not limited to, large and small household appliances, furniture, carpets, mattresses, automobile tires, and oversized green waste such as tree trunks and large branches if no larger than two feet in diameter and four feet in length, and similar large items discarded from a residential premises. "Bulky waste" does not include consumer electronics, such as televisions, radios, computers, monitors, and the like, which are regarded as universal waste, the disposal of which is governed by regulation of the Department of Toxic Substances Control.

"CalRecycle" means the California Department of Resources Recycling and Recovery.

"Cart" means a container, typically between 64 and 96 gallons, provided by a solid waste franchisee for the collection of solid waste, recyclable material, and organic waste.

"CCR" means the California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

"City" means the City of Beaumont, California, a municipal corporation, and all of the territory lying within the municipal boundaries of the City as presently existing and all geographic areas which may be added or annexed to the City.

"City Manager" means a person having that title in the employ of the City of Beaumont, or the City Manager's designated representative.

"City Premises" means City-owned or operated premises where solid waste is generated or accumulated.

"Commercial edible food generator" means a tier one or a tier two commercial edible food generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). Food recovery organizations and food recovery services are not commercial edible food generators.

"Commercial premises" means all premises in the City, other than single family residential premises, and City premises, where solid waste is generated or accumulated. The term "commercial premises" includes, but is not limited to, stores; offices; restaurants; boarding houses; hotels; motels; industrial and manufacturing, processing, or assembly shops or plants; hospitals, clinics, convalescent centers and nursing homes. A multi-family dwelling that consists of five or more dwelling units is "Commercial", for the purposes of this Chapter.

"Construction and demolition material" or "C&D Material" means discarded building materials, "inert wastes" as defined in Public Resources Code § 41821.3(a)(1) (e.g. rock, concrete, brick, sand, soil ceramics and cured asphalt), recyclable construction and demolition materials, packaging, plaster, drywall, rubble resulting from construction, remodeling, repair and demolition operations, but does not include asbestos-containing materials or hazardous waste.

"Container" means any cart, bin or debris box.

"Debris box" means a container, typically ten to 40 cubic yards, provided by a solid waste Franchisee for the collection of solid waste that is normally tipped loaded onto a motor vehicle and transported to an appropriate facility.

"Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), "Edible Food" is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

"Food recovery organization" means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to: A food bank as defined in Section 113783 of the Health and Safety Code; A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and, A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

"Food recovery service" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

"Garbage" means all non-recyclable packaging and other waste attributed to normal activities of a service unit. Garbage must be generated by and at the service unit wherein the garbage is collected. Garbage does not include recyclable materials, organic waste, debris from construction and demolition, large items, e-waste, universal waste, hazardous waste, household hazardous waste or exempt waste.

"Generator," for the purpose of this Chapter, means a person or entity, including commercial generators and residential generators, that is responsible for the initial creation of organic waste, or as otherwise defined as "organic waste generator" in 14 CCR Section 18982(a)(48).

"Green waste" means leaves, grass clippings, brush, branches and other forms of organic materials generated from maintenance or alteration of landscapes or gardens including, but not limited to, tree trimmings, prunings, brush and weeds and incidental pieces of scrap lumber. "Green waste" includes unadorned holiday trees (except such trees which are frosted, flocked or which contain tinsel or metal), but does not include stumps or branches exceeding four inches in diameter or four feet in length, or palm fronds, or yucca, which are not suitable for composting. "Green waste" is not a "recyclable material". "Green waste" is solid waste if it is not segregated from solid waste and is discarded into the solid waste stream.

"Hazardous waste" means any waste materials or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq., the Carpenter-Presley-Tanner Hazardous Substance Account Act ("HSAA"), codified at California Health & Safety Code §§ 25300 et seq.; the Electronic Waste Recycling Act of 2003, codified at California Health & Safety Code §§ 25214.9 et seq. and California Public Resources Code §§ 41516 et seq., laws governing Universal Waste, all future amendments to any of them, or as defined by CalRecycle or the Department of Toxic Substances Control, or by their respective successor agencies. If there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term "hazardous waste" shall be construed to have the broader, more encompassing definition.

"Household hazardous waste" means dry cell household batteries; cell phones and PDAs; used motor oil; used oil filters when contained in a sealed plastic bag; cooking oil; compact fluorescent light bulbs contained in a sealed plastic bag; cleaning products; pesticides; herbicides; insecticides; painting supplies; automotive products; solvents; stripes; and adhesives; auto batteries; and universal waste generated at a single-family or multifamily residential premises.

"Inspection" means a site visit where a jurisdiction or its designee or designated entity, reviews records, containers, and an entity's collection, handling, recycling, or disposal of solid waste or edible food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35).

"Multifamily residential premises" means a multi-family residential building with five or more units, including but not limited to mobile home parks, apartments, condominiums and town homes, which utilize bins for the temporary accumulation and collection of solid waste. The City will have sole authority to resolve any ambiguity as to whether a particular premise is a single family residential premises or a multifamily residential premises.

"Organic waste" means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food waste, green waste, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46).

"Overfill" or "overfilled" means to fill a container in a manner such that the lid of the container is unable to fully close and exceeds a 45-degree angle.

"Owner" means the persons or entities listed on the last equalized assessment roll as the owner of a lot or parcel of real property within the City.

"Person in charge" means an owner, account holder, tenant, occupant or other person or persons responsible for the day to day operation of a premises.

"Premises" means place where any person resides, or any business is carried on or conducted, or any other place upon which solid waste is generated or accumulated.

"Prohibited container contaminants" means (1) discarded materials placed in the designated recyclables container that are not identified as acceptable source separated recyclables for the city's designated recyclables collection container; (2) discarded materials placed in the designated organic waste container that are not identified as acceptable source separated organic waste for the city's designated organic waste collection container; and (3) discarded materials placed in the garbage container that are acceptable source separated recyclables and/or source separated organic waste to be placed in city's designated organic waste collection container and/or designated recyclables collection container, and (4) exempt waste placed in any container.

"Recyclable material" means materials that can be reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of AB 939, including but not limited to the following:

1. Aluminum cans;

2. Glass jars and bottles;

3. Steel, bi-metal and tin cans, and empty aerosol containers;

4. Recyclable plastics;

5. PVC pipe;

6. Juice boxes and milk cartons (aseptic packaging, Tetra Pak®, and waxed cardboard);

7. Detergent containers;

8. Scrap metal, coat hangers and metal foil;

9. Newspapers and telephone books;

10. Mixed paper (e.g., ledger, computer, junk mail, magazines, paperback books, cereal boxes, envelopes, paper shopping bags and non-metallic wrapping paper);

11. Corrugated cardboard and chipboard;

12. Chlorofluorocarbons (contained in bulky waste set out for collection under Section 8.12.230);

13. Tires (if set out for collection as bulky waste to be collected under Section 8.12.230.); and

14. Wood (incidental scrap pieces if set out for collection with green waste, and larger quantities if set out for collection with bulky waste).

"Self-haul" means the transportation of solid waste, recyclable materials or organic waste directly to a licensed or permitted landfill or other licensed or permitted disposal facility by a person who has received a self-haul permit. Self-haul also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). "Back-haul" means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 189881(a)(66)(A).

"Self-haul permit" means a permit issued by the City to self-haul under this Chapter.

"Single-family residential premises" means any residential premises with fewer than five (5) units, which utilizes one or more carts, or a bin, for the temporary accumulation and collection of solid waste. The City Manager will have sole authority to resolve any ambiguity as to whether a particular premise is a single family residential premises or a multifamily residential premises.

"Solid waste" means and includes any materials defined as "solid waste" by Section 40191 of the California Public Resources Code, and specifically includes, without limitation, recyclable materials and organic waste that has been disposed into the solid waste stream, bulky waste, construction and demolition materials, and all other materials, excluding universal waste and hazardous waste, that are discarded into the solid waste stream, or collected in exchange for a fee or any other consideration, regardless of form or amount.

"Solid waste enterprise" means any individual, partnership, joint venture, unincorporated private organization, or private corporation, which is regularly engaged in the business of providing solid waste handling services.

"Solid waste franchisee" means a solid waste enterprise that has been granted the right and privilege by the City, or by operation of law, to perform one or more solid waste handling services within the City or a portion thereof.

"Solid waste handling services" means the collection, transportation, processing, recycling, composting, conversion, retention and disposal of solid waste, organic waste, recyclable materials, construction and demolition materials, bulky waste, and/or universal waste.

"Source separate" means the process of removing recyclable materials and organic waste from solid waste at the place of generation, prior to collection, and placing such materials into separate containers designated for recyclable materials and organic waste, or as otherwise defined in 14 CCR Section 17402.5(b)(4).

"Spilled" means deposited, released, spilled, leaked, pumped, poured, emitted, emptied, discharged, injected, dumped or disposed into the environment, or which otherwise has come to be located outside an authorized container. The term "disposed into the environment" shall include, but is not limited to, the abandonment or discarding of barrels, bags, cans and other closed receptacles containing solid waste, recyclable materials or organic waste.

"Tier one commercial edible food generator" means a commercial edible food generator that is one of the following as defined in 14 CCR Section 18982(a):

a. Supermarkets with gross annual sales of $2,000,000.00 or more

b. Grocery store with a total facility size equal to or greater than 10,000 square feet.

c. Food service provider, which means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.

d. Wholesale food vendor, which means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.

e. Food distributor, which means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.

"Tier two commercial edible food generator" means a commercial edible food generator that is one of the following as defined in 14 CCR Section 18982(a):

a. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

b. Hotel with an on-site food facility and 200 or more rooms.

c. Health facility with an on-site food facility and 100 or more beds.

d. Large venue, which means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue.

e. Large event, which means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.

f. A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

g. A local education agency facility with an on-site food facility. Local education agency means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

"Universal waste" means and includes, but is not limited to, "universal waste electronic devices" or "UWEDs," (i.e., electronic devices subject to the regulation of the Department of Toxic Substances Control, 23 CCR §§ 66273.1, et seq.), and other universal wastes, including, but not limited to non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] alkaline batteries, carbon-zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, and mercury-containing switches.

(Ord. No. 1143, § 2(Exh. A), 11-16-2021, eff. 1-1-2022)