Berkeley Municipal Code Ch. 12.32 Storage, Collection and Disposal of Waste

*For Zero Waste Commission, see Ch. 3.40 of this code.

A. "Garbage" means putrescible animal or vegetable matter, and containers used for the storage thereof. "Garbage" does not include source-separated recyclables or yard waste.

B. "Hazardous waste" means that waste defined in Health and Safety Code Section 25117.

C. "Medical waste" means that waste defined in Health and Safety Code Section 25023.2

D. "Rubbish" means all nonputrescible waste matter, whether combustible or noncombustible, except hazardous waste and medical waste.

E. "Waste" means the useless, unused, unwanted or discarded material resulting from normal community activities, or materials which by their presence may injuriously affect the health, safety and comfort of persons and depreciate property values in the vicinity thereof. "Waste" shall include, but not be limited to garbage, putrescible organic material, rubbish, offal, swill, animal excreta, rubble, plaster or other waste resulting from the demolition, burning, alteration or construction of buildings or structures.

F. "Source-separated recyclables" means non-putrescible materials that are separated by the generator from other waste material for the purpose of reuse or recycling, by placing the recyclables in separate containers, or by binding them separately; the recyclable material is then kept separate from general rubbish by the collector and processor, and is returned 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. Source separated recyclables contain no more than 20% of material which is disposed of as refuse by the collector or their subcontractors.

G. "Yard waste" means grass, weeds, leaves, tree trimmings, plants, shrubbery prunings, and such other similar materials which are generated in the maintenance of yards, gardens or landscaping, and which are separated by the generator from other solid waste materials for the purpose of recycling or composting, and which are taken by the hauler to a recycling or composting facility. (Ord. 6549-NS § 2, 2000; Ord. 6517-NS § 2, 1999; Ord. 6319-NS § 2 (part), 1996)

A. No person owning any multiple-family dwelling or possessing any single-family dwelling, or industrial, commercial or business premises or structure shall allow or permit any garbage, rubbish or waste to collect and accumulate upon or in any such premises or structure except as otherwise provided by law. This provision shall not be construed as affecting any authorized waste disposal operation or properly conducted garden composting process carried on by a private individual in their own premises and for their own use and done in a manner consistent with this section.

B. During intervals between collection or disposal, the storage, accumulation, collection, keeping, handling or maintaining of waste on premises where produced shall be performed in such a manner as to prevent the harboring and breeding of rodents, insects and other vermin and as to prevent ready access to the waste by dogs and other small animals; as to prevent objectionable odors in the ambient air; as not to constitute a fire hazard; and as not to result in such unsightliness as to result in the depreciation of the value of adjacent property or the comfortable enjoyment of life thereon.

C. Every person, contractor or builder engaged in the construction, repair or demolition of any building or structure shall at reasonable intervals dispose of or remove from such premises all rubbish resulting from the construction, repair or demolition and within a reasonable time of the final cessation of work on such building, structure or premises. (Ord. 6319-NS § 2 (part), 1996)

A. Every person owning any premises, where garbage or rubbish is produced or accumulated shall provide and maintain on the premises in a suitable place readily accessible to personnel of the solid waste and environmental health divisions, containers of sufficient capacity and number to store the accumulations of garbage or rubbish during the intervals between collections or disposal. With the written of the owner, nonresidential tenants may contract for garbage collection service independently, either on their own behalf or on the owner’s behalf, if the owner agrees in writing to guaranty payment of the garbage collection charge in the event the tenant does not pay it in a timely fashion.

B. Every contractor or builder engaged in the erection or repair of a building shall provide sufficient containers at or near such building for the deposit and storage of any waste resulting from the erection or repair work.

C. Garbage containers for other than bulk accumulation shall be constructed of metal or other impervious material approved by the managers of environmental health and solid waste with tight-fitting covers. The containers and covers shall be in good repair, leakproof, free from holes, flytight and rodentproof. Containers shall be equipped with handles adequate to lift the weight of a full container without breaking or bending. Such container shall be maintained in a sanitary condition by the owners thereof and covers shall not be removed except for the purpose of placing waste therein or removing waste therefrom.

D. Rubbish except broken glass, rocks, concrete, bricks and similar solid material, plaster or dirt may be deposited in garbage containers. Hazardous waste, human waste and other potentially infectious material shall not be deposited or placed in garbage containers. Liquid garbage shall not be deposited or placed in such containers.

E. No garbage containers or other containers for waste, other than those of the City, shall be placed, kept, stored or located within the right-of-way of a street or alley; provided, however, that the Public Works Department may authorize the location of such containers within the public right-of-way at specified places and times when such location is necessary for the expeditious collection and disposition of garbage by the City. (Ord. 6369-NS § 1 (part), 1997; Ord. 6319-NS § 2 (part), 1996)

A. In any premises where a volume of waste in excess of one cubic yard is allowed to accumulate between intervals of collection or disposal, such waste shall be managed in the manner specified by the manager of the environmental health division for the sanitary storage, collection or disposal of such waste on the premises.

B. In addition to the requirements of subsection A of this section, in any premises where a volume of waste in excess of two cubic yards is allowed to accumulate between intervals of collection or disposal, such waste shall be stored in fire-resistant containers and at locations approved by the Fire Chief. (Ord. 6319-NS § 2 (part), 1996)

A. It is found and determined that the periodic collection of garbage from all premises and places in the City in or from which garbage is created, accumulated or produced is essential for the maintenance of the public health and welfare of the City and that the provision by the City of such garbage collection service is a direct benefit to all premises and places in or from which garbage is created, accumulated or produced to the owners thereof.

B. Garbage collection service is provided by the City, and all owners of premises and places in the City in or from which garbage is created, accumulated or produced shall use or cause to be used, and pay the fees charged for, the City’s collection service. It is unlawful for any person, other than authorized agents or employees of the City, to collect, remove or dispose of garbage in the City; provided, however, that nothing contained herein shall prevent the use of garbage disposal devices as provided in the City plumbing code.

C. All owners of premises and places in or from which garbage is created, accumulated or produced shall notify the solid waste division of the services department of the City that collection of garbage from such premises or place is required and the frequency of the collection required.

D. Fees for the collection of garbage shall be established by resolution of the City Council. All owners of premises and places in the City from which garbage is collected, or the person with responsibility for those premises, shall pay the garbage collection fees established by the City Council. In the event of nonpayment of the garbage collection fees, the City, at its option, may discontinue furnishing garbage collection service as set forth in Section 12.32.060, such discontinuance of service to be in addition to any remedies that are available to the City to enforce payment of any unpaid garbage collection fees.

E. Collection of garbage shall be made at least once a week from private residences and as many times per week as the Director of Public Works may order from all other places.

F. The Director of Public Works may establish districts in the City for the purpose of collecting garbage and rubbish.

G. The City will collect and dispose of all rubbish which is deposited in garbage containers as authorized in Section 12.32.030, and to the extent that equipment and personnel are available as determined by the Director of Public Works, the City may collect and dispose of rubbish other than that deposited in garbage containers, provided such rubbish is placed in separate containers approved by the Director of Public Works and provided further that such rubbish is of such size that it can be placed in such separate containers. (Ord. 6369-NS § 1 (part), 1997; Ord. 6340-NS § 1 (part), 1996; Ord. 6319-NS § 2 (part), 1996)

A. Fees for garbage and rubbish collection shall be billed and paid periodically as determined by the City. Any fee which is not paid in full on the thirty first day after billing is delinquent, except that fees which are billed semiannually shall be deemed delinquent on December 11th and April 11th. A penalty of ten percent shall be assessed on any delinquent amount. Delinquent amounts greater than one year delinquent shall accrue interest at the rate of one and one-half percent per month. Service on unpaid accounts may be reduced or discontinued thirty days after mailing notice of delinquency.

B. The City may elect to bill for garbage and rubbish collection service as a special assessment on the property taxes and charges collected by the county with property taxes. The City may also elect to bill individual persons or businesses for service provided directly to those persons or businesses; however, because the provision by the City of garbage collection service is necessary for the public health and a benefit to the public, and necessary to prevent the creation of public nuisances, any amounts billed to persons or businesses are an obligation of both the user of the property who generates the garbage and the owner of the property who benefits from its use by others, and therefore also payable by, and debts of, the owner of the property.

C. The City may employ any method provided by state law for collection of service fees, delinquent amounts, penalties and interest, and all remedies shall be cumulative.

D. No refunds will be made for decreases in service during the billing period in which the decrease occurred.

E. The City may require payment of a deposit in the amount three times the monthly service charge for any City garbage collection service ordered in any case where the owner of the affected property is not ordering the service or the City is legally unable to impose a lien on the property in the event the service charges are not paid by the person or business ordering the service. Such deposits may be credited by the City against an account after one year for residential accounts and two years for non-residential accounts, if there have been no delinquencies during the applicable period. In the event an account is closed while the City has custody of a deposit, the City shall credit the amount of the deposit against the closing bill and refund any amount remaining. (Ord. 6393-NS § 1, 1997; Ord. 6369-NS § 1 (part), 1997; Ord. 6340-NS § 1 (part), 1996; Ord. 6319-NS § 2 (part), 1996)

Except as otherwise provided by law, no person shall deposit or discharge or cause to be deposited or discharged any garbage, rubbish or other waste in any place other than a disposal site or dump which has been approved by the City. (Ord. 6319-NS § 2 (part), 1996)

It is unlawful for any person to deposit at the garbage and rubbish dumps maintained by the City any garbage or rubbish originating in any area outside the City limits; provided, however, that this section shall not apply to dumping permitted under any written agreement authorized by the City Council. (Ord. 6319-NS § 2 (part), 1996)

It is unlawful for any person to burn any refuse except as may be permitted pursuant to the provisions of the fire prevention code of the City and Regulation No. 2 of the Bay Area Air Pollution Control District. (Ord. 6319-NS § 2 (part), 1996)

The keeping of garbage in containers other than containers prescribed by this ordinance or the keeping upon premises of garbage or rubbish which is allowed to become offensive and noisome, shall constitute a public nuisance and may be abated in the manner provided by law for the abatement of nuisances. (Ord. 6319-NS § 2 (part), 1996)

Any person violating any provision or failing to comply with any of the requirements of this chapter shall be deemed guilty of an infraction as set forth in Chapter 1.20 of this code. (Ord. 6319-NS § 2 (part), 1996)

A. Any person possessing any premises wherein putrescible waste is produced, handled, stored or allowed to accumulate shall manage such putrescible waste in such a manner as to preclude the breeding of flies or other vermin therein.

B. No person in control of putrescible waste shall knowingly allow or permit the same to serve as a breeding medium for flies or other vermin. Upon knowledge of such infestation, or after receiving written notice from the manager of environmental health, said person shall at once proceed and continue in good faith to destroy the flies, larvae or pupae thereof by poisoning, trapping, removal of the material to a disposal site which has been approved by the City, or by any other effective means.

C. In any prosecution charging violation of this chapter, a prima facie presumption of the violation of the provisions of this section shall exist upon proof by the chief of environmental health that an analysis of putrescible organic material controlled by any person charged shows that such material contains living larvae or pupae of domestic flies. (Ord. 6319-NS § 2 (part), 1996)

Waste which is not deposited in garbage containers or separate containers and collected by the City may be collected and disposed of by private haulers who have secured a business license as provided by Section 9.04.176 of this code. All vehicles used to transport rubbish shall be provided with equipment to prevent rubbish from blowing out of, falling from or otherwise escaping from such vehicle. Such rubbish haulers shall comply with all applicable rules and regulations established by the Public Works Department. (Ord. 6319-NS § 2 (part), 1996)

The Public Works Department, subject to the approval of the City Manager, shall have the power to establish rules and regulations consistent with the provisions of this title, governing the keeping, collection, removal and disposal of garbage, rubbish and waste, and the use by the public of the garbage, rubbish and waste dumps of the City. (Ord. 6319-NS § 2 (part), 1996)