Beaumont Municipal Code Art. II Solid Waste Management

In order to protect the public health, safety and wellbeing, and to prevent the spread of vectors, the owner or other person in charge of a premises shall make arrangements with the City or the City's solid waste franchisee for solid waste handling services.

All premises in the City must have the applicable solid waste handling services required under this Chapter.

Nothing in this Chapter shall prohibit generators from regularly disposing of garbage, recyclable material, or organic waste at a solid waste facility, by self-hauling or through the uncompensated services of another in a manner conforming to this Chapter.

A violation of this Section is a misdemeanor and punishable as provided in Article VII of this Chapter. The City may cite violations as infractions where an appropriate downgrade is approved by the City Prosecutor or City Attorney.

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

A. Use. Every person in charge of a premises shall:

1. Keep on the premises a sufficient number of containers that will hold all solid waste, recyclable materials, and organic waste that accumulates on the premises each week without spilling, leaking, or emitting odors.

2. Deposit or cause to be deposited all solid waste, recyclable materials and organic waste generated or accumulated on the premises into containers meeting the requirements of this Chapter.

3. Use those containers:

a. Provided by the appropriate solid waste franchisee; or

b. Approved by the City under a valid self-haul permit for the premises.

B. Placement for Collection. To minimize interference with public rights-of-way, no person shall place a container in a public right-of-way for collection by the appropriate solid waste franchisee more than 24 hours prior to the normal collection time. Containers placed in a public right-of-way for collection shall be removed from the right-of-way within 24 hours after collection.

C. Storage. Except during the time a cart or bin is placed for collection, no cart or bin shall be visible from the public right-of-way. A debris box may be placed in a location that is visible from the public right-of-way at a single-family residential premises for up to 30 consecutive days and for no more than 60 total days during any 12-month period.

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

A. Until solid waste, recyclable materials or organic waste has been picked up by the appropriate solid waste franchisee, or is self-hauled in accordance with a valid self-haul permit, each person in charge of a premises shall be responsible for the cleanup of any and all solid waste, recyclable material, or organic waste generated or accumulated on the premises that is spilled on, at, or in the premises. This cleanup responsibility includes the cleanup of solid waste, recyclable materials and organic waste spilled for any reason, including but not limited to human or animal interference with a container, wind or other natural forces, at any time during storage, collection, removal, or transfer of the materials.

B. The City's solid waste franchisee(s) shall clean up any solid waste, recyclable material, or organic waste spilled during its collection, removal, or transfer, as soon as the spill occurs.

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

All solid waste accumulating upon a premises must be disposed of as frequently as required to avoid an accumulation of solid waste, but in no case shall disposal occur less frequently than one time per week, except that less than weekly disposal is permitted during any period of time the premises is temporarily unoccupied and solid waste is not accumulating on the premises due to out-of-town travel or other similar situations.

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

Pursuant to Division 30, Part 2, Chapter 8 of the Public Resources Code, Section 41900 et seq., the City may impose fees on premises in amounts sufficient to pay the costs of preparing, adopting, and implementing a countywide integrated waste management plan, including the costs of preparing, adopting and implementing the City's required source reduction and recycling element, household hazardous waste element, and nondisposal facility element, and the costs of setting and collecting the fees.

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

A. Purpose. The purpose of this Section is to establish requirements for the recycling of recyclable materials generated from commercial premises, single family residential premises, multifamily residential premises, and City premises. These requirements are intended to increase the diversion of recyclable materials from landfills, conserve capacity and extend the useful life of landfills utilized by the City, reduce greenhouse gas emissions, and avoid the potential financial and other consequences to the City of failing to meet State law diversion requirements.

B. Requirements.

1. Owners, landlords, tenants and occupants of commercial premises, single family residential premises, multifamily residential premises, and City premises, jointly or severally, shall recycle recyclable materials by depositing the same in recycling containers provided by the City's solid waste franchisee.

2. Occupants or landlords of commercial premises and multifamily residential premises shall designate, for the convenience and use of occupants' employees and independent contractors, recycling collection and storage areas and shall place appropriate signs in and around the proximity of such areas.

3. Occupants or landlords of commercial premises and multifamily residential premises shall ensure that their employees, occupants, and independent contractors are educated about recycling services available at the site. Information, including the types of recyclable materials accepted, the location of recycling containers, and the employees' and occupants responsibility to recycle shall be distributed periodically, and all new occupants, employees when hired, and independent contractors when retained, shall also be given such information and instruction. All occupants, employees and independent contractors shall also be given appropriate information and instructions concerning any change in recycling services to the commercial premises and multifamily residential premises.

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

Every single family premise shall make arrangements with the City or the City's solid waste franchisee for organic waste recycling services in compliance with SB 1383 (14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR), as it may be amended from time to time.

A. Generators shall arrange for a size, quantity and collection frequency of collection containers to adequately store all solid waste generated in connection with the premise between the times designated for collection service. The City 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 City in order to meet the standards set forth in this chapter.

B. Generators shall place source separated organic waste, including food waste, in the organic waste collection container; place source separated recyclable materials in the recyclable material collection container; and place garbage in the approved garbage collection container. Generators shall not place prohibited container contaminants into containers.

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

D. Organic waste may be fed to animals on the premises where such organic waste is produced, provided that the premises are always kept in a sanitary condition and does not result in a public nuisance; 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.

E. Organic waste 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.

F. Generators shall provide or arrange for access during all inspections and investigations (with the exception of a private residential dwelling unit) and cooperate with the City or the City's solid waste franchisee during such inspections and investigations as described in Section 8.12.700.

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

Commercial generators shall comply with the following requirements.

A. Each commercial generator, including all multifamily residential premises that consist of five or more dwelling units, City premises, large events and large venues shall be responsible for compliance with the requirements of this Section.

B. Each commercial generator shall subscribe to a level of solid waste handling service with the City's solid waste franchisee that is sufficient to handle the volume of garbage, recyclable materials and organic waste generated or accumulated on the premises. Additionally, each commercial generator shall ensure the proper separation of solid waste, as established by the City and the City's solid waste franchisee, 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 solid waste collection service.

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

E. Provide educational information before, or within, 14 days of occupation of the premises to new tenants that describes requirements to keep source separated organic waste and source separated recyclable materials separate from garbage (when applicable) and the location of containers and the rules governing their use at each property.

F. Accommodate and cooperate with the City and City's solid waste franchisee's monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate generator's compliance.

G. Commercial businesses that are landscapers, shall meet the requirements of Section 8.12.410 of this Chapter.

H. If a commercial generator back-hauls, the commercial generator shall meet the back-haul requirements in Section 8.12.430 of this Chapter.

Commercial generators, excluding multifamily residential premises consisting of five or more dwelling units, shall comply with the following requirements.

I. Provide containers for the collection of source separated organic waste and source separated recyclable materials in all indoor and outdoor areas where garbage disposal containers are provided for customers, for materials generated onsite. 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, blue for collection of recycling, and green for collection of organic waste. 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 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

J. To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the solid waste collection service.

K. Periodically inspect organic waste, recyclable materials, and garbage containers for prohibited container contaminants and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

L. Commercial generators that are commercial edible food generators, as defined in Section 8.12.020, shall comply with commercial edible food generator requirements, pursuant to Section 8.12.440.

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

A. Pursuant to 14 CCR Section 18984.11, the City may grant waivers to commercial business for physical space limitations and/or de minimis volumes. Commercial businesses seeking a waiver shall submit their request on a form as specified by the City 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.

The applicant shall pay a waiver fee as authorized by resolution of the City Council. The fee shall reflect the City's reasonable costs of issuing and monitoring compliance with the waiver requirements set forth herein. Waivers issued between January 1 and March 31 shall pay 100 percent of the waiver fee; waivers issued between April 1 and June 30 shall pay 75 percent of the waiver fee; waivers issued between July 1 and September 30 shall pay 50 percent of the waiver fee; waivers issued between October 1 and December 31 shall pay 25 percent of the waiver fee.

1. De Minimis Waivers: The City may waive a commercial business' obligation to comply with some or all the requirements of Section 8.12.170 if the commercial business meets the following requirements:

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

b. Provide documentation that either:

i. The commercial business receives two or more cubic yards of weekly solid waste handling service (including garbage, recyclable material and organic waste) and disposed organic waste comprises less than 20 gallons per week of the business' total weekly solid waste volume; or

ii. The commercial business receives less than two cubic yards of weekly solid waste handling service (including garbage, recyclable material and organic waste) and disposed organic waste comprises less than ten gallons per week of the business' total weekly solid waste volume.

iii. For the purposes of subsections (i) and (ii) above, weekly solid waste handling service shall be the sum of a commercial business' weekly garbage container volume, recyclable material container volume and organic waste container volume, measured in cubic yards.

c. Notify the City if circumstances change such that volume of commercial business' disposed organic waste placed in containers exceeds threshold required for waiver, in which case waiver will be rescinded.

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

2. Physical Space Waivers: The City may waive a commercial business' obligations to comply with some or all of the recyclable materials and/or organic waste solid waste handling service requirements if the City has evidence from its own staff, the City's solid waste franchisee, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with solid waste handling service requirements. A commercial business or property owner may request a physical space waiver through the following process:

a. Submit an application form specifying the type(s) of collection services for which they are requesting a waiver from mandatory collection service.

b. Provide documentation that the premises lacks adequate space for the recyclable materials containers and/or organic waste containers including documentation from the City's solid waste franchisee, licensed architect, or licensed engineer.

c. Provide written verification to the City that it is still eligible for physical space waiver every five years if the City has approved application for a physical space waiver.

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