Big Bear Lake Municipal Code Ch. 8.64 Solid Waste Management, Collection of Solid Waste and Recyclable…

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Editor's note— Ord. No. 2022-504, § 1(Exh. A), adopted August 15, 2022, in effect repealed Ch. 8.64, §§ 8.64.010—8.64.270, and enacted a new Ch. 8.64 as set out herein and later amended. Former Ch. 8.64 pertained to similar subject matter and derived from Ord. 2002-319, adopted 2002 and Ord. No. 2012-421, adopted September 10, 2012.

For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them by this section. Words and phrases not ascribed a meaning by this section shall have the meaning ascribed by Division 30, Part 1, Chapter 2 of the California Public Resources Code, Sections 40105-40200.

"Bins" means front-loading bins and roll-off bins provided by the contractor for commercial premises, Clean Bear Sites, and multi-unit residential premises.

"Blue container" has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.

"Bulky household items" means all discarded household waste matter, which is too large to be placed in a covered container including, but not limited to, furniture, appliances, discarded carpets, discarded mattresses, discarded electronic equipment, residential waste (including tree branches) and similar large items produced from residential premises, excluding there from television screens, computer monitors, and all other items that cannot be disposed of at class 1 sanitary landfills.

"CCR" means the California Code of Regulations.

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

"City" means the City of Big Bear Lake.

"City Council" means the City Council of the City of Big Bear Lake.

"City Manager" means the City Manager of the City of Big Bear Lake, or the city manager's authorized designee.

"Clean Bear Site" means a location as it currently exists or as it may be established from time to time within the territorial limits of the city, at which residents of the city or persons visiting residences of the city may dispose of source separated solid waste, recyclable materials, and organic materials generated at such residences located within the city.

"Collection" means the operation of gathering together and the act of collecting solid waste at the place of generation by self-hauler or approved contractor and transporting said material to a point of transfer, processing, or disposal.

"Commercial premises" means all properties or points of solid waste collection on which there are the following uses: industrial, manufacturing, industrial warehouse, restaurants, mobile home parks, trailer courts, wholesale or retail stores, service establishments, professional offices, construction sites, hotels or motels (as both are defined in Chapter 8.16 of this Code) and bed and breakfast facilities as described in Section 17.25.110 of this Code, and multi-unit residential premises.

"Containers" mean wheeled carts, cans, barrels, or other receptacles designed specifically for the storage and collection of refuse and recyclables and organic materials and which are waterproof have tight-fitting lids. Ash containers must be metal, five gallons or less, and contents must have been soaked with water. Notwithstanding any provision herein to the contrary, containers shall also mean containers provided by the contractor to customers for the storage and collection of blue containers for recyclable material and bags for green waste or pine needles.

"Contractor" means any person, persons, local agency, firm, partnership or corporation that has been issued a contract or franchise by the city council for the purpose of collecting, transporting and disposing of solid waste and recyclable materials.

"Construction and demolition waste" means solid wastes typically including, but not limited to, building materials, packaging, trash, debris, steel, glass, brick, concrete, asphalt, rubble, roofing materials, pipe, gypsum wallboard, lumber resulting from construction, remodeling, repair, and demolition operations, rocks, soil, tree remains, trees, and other vegetative matter that normally results from land clearing, and other waste products generated from construction or demolition activities.

"County" means the County of San Bernardino.

"Customer" means each person or business directly receiving services from the contractor for commercial premises, residential premises or multi-unit residential premises.

"Designee" means an entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

"Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR § 18982(a)(18). Edible food is not solid waste if it is recovered and not discarded.

"Enforcement action" means an action of the city to address non-compliance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

"Enforcement officer" means the city manager, county administrative official, chief operating officer, executive director, public works director or other executive in charge or their authorized designees who is/are partially or wholly responsible for enforcing this chapter.

"Food distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR § 18982(a)(22).

"Food facility" has the same meaning as in Health and Safety Code Section 113789.

"Food recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR § 18982(a)(24).

"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 § 18982(a)(25), including, but not limited to:

1. A food bank as defined in Health and Safety Code Section 113783;

2. A nonprofit charitable organization as defined in Health and Safety Code Section 113841; and,

3. A nonprofit charitable temporary food facility as defined in Health and Safety Code Section 113842.

"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 § 18982(a)(26).

"Food service provider" 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, or as otherwise defined in 14 CCR § 18982(a)(27).

"Food waste" means food scraps separated from solid waste and offered for collection by contractor, that will decompose and/or putrefy including:

1. All kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of food stuffs; and

2. Paper waste contaminated with food waste.

"Front-loading bins" means bins which are picked up by means of front-loading apparatus, and which are generally smaller in size than roll-off bins.

"Gray container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of gray container waste.

"Generator" means any person or other entity who is responsible for the initial creation of solid waste.

"Green waste" means organic waste generated from any landscape materials, including but not limited to grass clippings, leaves, prunings, tree trimmings, pine needles, weeds, branches and brush not exceeding three inches in diameter, collected by the contractor.

"Grocery store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owed within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR § 18982(a)(30).

"Hazardous waste" means any material that, by reason of its quality, concentration, composition, or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious illness or pose a substantial threat or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise mismanaged, or any waste which is defined or regulated as a hazardous waste, toxic waste, hazardous chemical substance or mixture, or asbestos under applicable law, including:

1. "Hazardous waste" pursuant to California Public Resources Code Section 40141; regulated under Chapter 6.5 (commending with Section 25100) of Division 20 of the California Health and Safety Code; all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by Section 25110.02, 25115, and 25117 of the California Health and Safety Code (the California Hazardous Waste Control Act), and future amendments to or recodification of such statutes or regulations promulgated thereunder, including 23 CCR § 2521;

2. Materials regulated under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., as amended (including, but not limited to, amendments thereto made by the Solid Waste Disposal Act Amendments of 1980), and related federal, state and local laws and regulations;

3. Materials regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq., as amended, and related federal, state of California, and local laws and regulations, including the California Toxic Substances Account Act, California Health and Safety Code Section 25300 et seq.;

4. Materials regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601, et seq., as amended, and regulations promulgated thereunder; and

5. Materials regulated under any future additional or substitute federal, state, or local laws and regulations pertaining to the identification, transportation, treatment, storage, or disposal of toxic substances or hazardous waste.

If two or more governmental agencies having concurrent or overlapping jurisdiction over hazardous waste adopt conflicting definitions of "hazardous waste," for purposes of collection, transportation, processing and/or disposal, the broader, more restrictive definition shall be employed.

"Inspection" means a site visit where the city reviews records of an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR § 18982(a)(35).

"Large event" 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 two thousand (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.

"Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. 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. 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.

"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 § 18982(a)(40).

"Multi-unit residential premises" means any:

1. Building;

2. Structure;

3. Combination thereof when related to one another by proximity and common identity, ownership, management or control; and/or

4. Any portion of the foregoing, in the city that is used for residential housing purposes, whether transient, recreational, temporary or permanent, and having four or more self-contained living units as determined by the city in its most recent periodic land use survey now entitled "City Service Fees By Land Use."

All such multi-unit residential premises shall be deemed commercial premises for purposes of this chapter, except as specifically stated otherwise.

"Notice of violation" or "NOV" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR § 18982(a)(45) or further explained in 14 CCR § 18995.4.

"Organics," "organic waste," and "organic material" means solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food waste, green waste, non-hazardous wood waste, and unwaxed, food-soiled paper.

"Person" means any individual, firm, corporation, association, partnership, group, entity or combination acting as a unit.

"Place" or "premises" includes commercial premises, multi-unit residential premises, residential premises, and self-contained living units.

"Property owner" means the person whose name appears on the San Bernardino County assessor's records from the last equalized assessment roll or such other recent reliable document.

"Public bins" means those bins provided by the contractor for non-commercial use by the residents of the city at Clean Bear Sites. Public bins shall also refer to those bins provided by a contractor, to be used solely for the use of the city and its employees in connection with their official duties.

"Recovered organic waste products" means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR § 18982(a)(60).

"Recovery" means any activity or process described in 14 CCR § 18983.1(b), or as otherwise defined in 14 CCR § 18982(a)(49).

"Recycle" or "recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become refuse, 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.

"Recyclable materials" means products including, but not limited to, newspapers, newsprint, aluminum cans, tin cans, low density polyethylene containers (LDPE), corrugated cardboard, high-grade paper and mixed paper, glass or plastic bottles or containers, or steel and other types of scrap metals, polyethylene terephthalate containers (PET) marked "1" as of the date hereof, high density polyethylene containers (HDPE) marked "2" as of the date hereof, low density polyethylene containers (LDPE) marked "4" as of the date hereof, California redemption containers, ferrous metals, non-ferrous metals, white paper, mixed paper, telephone books, Christmas trees, other holiday trees, and other similar items that can be diverted from landfills.

"Refuse" includes solid waste, other than recyclable materials or organic materials.

"Residential" means any residential dwelling.

"Residential premises" means any building or structure, or portion thereof, in the city that is used for residential housing purposes, whether vacation rental, transient, recreational, temporary or permanent, and having three or fewer self-contained living units as determined by the city in its most recent periodic land use summary now entitled "City Service Fees By Land Use."

"Roll-off bins" means bins picked up by means of rear-loading winches onto rails. Roll-off bins are generally much larger in size than front-loading bins.

"SB 1383" means Senate Bill 1383 (Chapter 395, Statutes of 2016).

"SB 1383 regulations" means the short-lived climate pollutants: organic waste reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

"Self-contained living unit," or "SCLU" means a dwelling unit, as defined by "dwelling unit" in Ordinance No. 2000-308 of the Big Bear Lake Development Code, occupied by residents who are transient, temporary, or permanent.

"Self-hauler" means a generator, who hauls his or her own solid waste, organic waste, or recyclable materials to another person. "Self-hauler" also includes a person who back-hauls waste, or as otherwise defined in 14 CCR § 18982(a)(66). "Back-hauling" is the process of 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 § 18982(a)(66)(A).

"Solid waste" includes means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, 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 discarded solid and semisolid waste. "Solid waste" does not include:

1. Hazardous waste, as defined in Public Resources Code Section 40141;

2. Radioactive waste regulated pursuant to the Radiation Control Law (commencing with Health and Safety Code Section 114960); or

3. Medical waste regulated pursuant to the Medical Waste Management Act (commencing with Health and Safety Code Section 117600).

Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the Public Resources Code.

"Special waste" means any waste matter requiring special preparation by the customer prior to collection and special handling or processing by either a contractor or a transfer station operator due to its large size or volume, or other unique features, including hazardous waste and the following:

Flammable waste; containerized waste (in a drum, barrel, portable tank, pair, etc.); waste from a pollution control process; residue and debris from the cleanup of a spill or release of chemical substances, commercial products, or any other special wastes; contaminated soil, waste, residue, debris and articles from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation or disposal of any other special wastes; dead animals; manure; explosive substances; radioactive materials; materials that have been exposed to highly infectious or contagious diseases; medical waste as defined by state and/or federal agencies; sludge waste; liquid waste; hazardous waste from an industrial process; waste motor oil; asbestos, including friable materials that crumbled with pressure and are therefore likely to emit fibers, being a naturally occurring family of carcinogenic fibrous mineral substances, which may be a hazardous waste if it contains more than one percent of asbestos; ash residue from the incineration of infectious waste described below, sludge, and agricultural wastes described above; hazardous wastes, explosives, ordnance, highly flammable substances and noxious materials; industrial by-products, including cement kiln dust, ore process residues and grit or screening removed from a waste water facility; infectious wastes that have disease transmission potential and are classified as hazardous wastes by the state department of health services, including pathological and surgical wastes, medical clinic wastes, wastes from biological laboratories, syringes, needles, blades, tubing, bottles, drugs, patient care items such as linen or personal or food service items from contaminated areas, chemicals, personal hygiene wastes, and carcasses used for medical purposes or with known infectious diseases; liquid wastes that are not spadeable, usually containing less than fifty percent (50%) solids, including cannery and food processing wastes, landfill leachate and gas condensate, boiler blowdown water, grease trap pumpings, oil and geothermal field wastes, septic tank pumpings, rendering plant by-products, sewage sludge, and those liquid wastes that may be hazardous wastes; radioactive wastes under Chapter 6.5 (commencing with Section 25100) of Division 20 of the California Health and Safety Code, and any waste that contains a radioactive material, the storage or disposal of which is subject to any other state or federal regulation; sewage sludge comprised of residue produced by humans (not industrial), excluding grit or screenings, removed from a waste water facility or septic tank, whether in a dry or semi-dry form; wastes designated from time to time by CalRecycle, including contaminated soil; tires; automotive parts, including wheels and bodies.

"State" means the state of California.

"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000.00), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR § 18982(a)(71).

"Swill" means all wet garbage, grocery or food service debris, food waste, or kitchen grease. Edible food is not swill.

"Tier one commercial edible food generator" means a commercial edible food generator that is one of the following:

1. Supermarket.

2. Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet.

3. Food service provider.

4. Food distributor.

5. Wholesale food vendor.

"Tier two commercial edible food generator" means a commercial edible food generator that is one of the following:

1. Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.

2. Hotel with an on-site food facility and two hundred (200) or more rooms.

3. Health facility with an on-site food facility and one hundred (100) or more beds.

4. Large venue.

5. Large event.

6. State agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.

7. Local education agency facility with an on-site food facility.

"Wholesale food vendor" 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, or as otherwise defined in 14 CCR § 18985.2(a)(76).

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

The accumulation, collection, removal, and disposal of solid waste must be controlled by the city for the protection of the public health, safety, and welfare and to contribute toward the diminution of health hazards and pollution in the city. The city council finds that to give practical effect to this policy, a comprehensive system for the periodic collection, removal and disposal of solid waste from all premises in the city is essential and benefits all occupants of premises in the city; and therefore, all such occupants, except those exempt, are made liable for the solid waste collection charges established by the city council for the collection and disposal of solid waste.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

The city council may determine waste management collection categories, such as residential, multi-family residential, commercial, industrial, special, special event, or hazardous waste, and may make or impose collection requirements which vary for such categories.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

The city shall prescribe fees for solid waste collection, transfer, processing, and disposal, and the collection, transfer, or processing of recyclable materials and green waste. Such fees may include charges for the use of dumps or landfills, and may include costs of preparing and implementing source reduction and recycling elements and integrated waste management plans. The city may collect all or part of such charges on the tax roll or by such other means as the city may elect, whether or not delinquent. The city may also direct the contractor to collect such charges for providing collection services.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

The city may award one or more contracts to provide for the collection of solid waste from all premises in the city. Any such award of a contract shall be deemed an award of a franchise, and the contractor shall be deemed to be the city's franchisee. Any award of a franchise shall be granted by the city by approval of a contract with the contractor. A franchise shall be granted on such terms and conditions as the city shall establish in its sole and absolute discretion. All franchise agreements shall provide for the following:

A. Service rates and procedures for adjusting rates;

B. Franchise fees. "Gross revenues" means all cash, credits or revenues of any kind or nature or other consideration as determined according to generally accepted accounting principles consistently applied, derived directly or indirectly by the contractor, its affiliates, subsidiaries, parents, and any other person or entity in which the contractor has a financial interest or which has a financial interest in contractor's solid waste collection business, arising from or attributable to providing solid waste collection services in the city. The contractor shall pay the franchise fees to the city upon the terms and conditions set forth in the written agreement between the city and the contractor;

C. A requirement that the contractor shall provide the evidence thereof to the city clerk and shall maintain at all times during the term of any franchise granted by the city hereunder commercial general liability insurance and business automobile liability insurance as determined by the city. The insurance shall name the city and its officials, officers, employees, agents, and consultants as additional insureds; and

D. A requirement that the contractor furnish a performance bond or letter of credit to the city in a sum determined by the city, conditioned upon the faithful performance of the contract and the provisions of this chapter, to collect all solid waste in the city, and transport the same through the streets and public ways of the city to a disposal or processing destination.

E. A requirement that all solid waste transported be in a watertight metal tank or container, with a close-fitting cover in place, so as to prevent any liquids or solid waste contained therein from leaking, spilling, falling, or escaping therefrom.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

A. The city and its elected officials, officers, agents, and employees, or any contractors with whom the city may at any time enter into a contract or franchise therefore, and the officers, agents, and employees of such contractors, while any such contract is in force, shall have the exclusive right to gather, collect, and remove solid waste from all premises in the city; and no person other than those specified in this section shall gather, collect or remove any solid waste, convert or transport any solid waste in, along or over any public street, alley or highway in the city, or take any solid waste from any container or bin (or pine needles in plastic bags) which may be placed for collection or removal, or interfere with, disturb, or remove any such container, or bin, or plastic bag (for pine needles) from any location where it is placed for collection by the owner thereof.

B. Notwithstanding the foregoing restrictions, any owner or occupant of residential premises in the city may "self-haul" the following types of source separated residential solid waste to Clean Bear Sites: recyclable materials, organic waste, green waste, garbage, trash, debris, paper, refuse, and ashes, provided that such materials are generated at such residential premises. No person may use the Clean Bear Site to dispose of any solid waste generated from a commercial premises or from commercial operations or to dispose of any bulky household items, construction and demolition waste, or special waste.

C. Notwithstanding the foregoing restrictions, any owner or occupant of commercial premises may "self-haul" solid waste from their premises to a county sanitary landfill or transfer station, if the owner or occupant has previously obtained a special permit authorizing the "self-hauling" pursuant to Section 8.64.270 of this chapter. Any such owner or occupant of commercial premises having been granted such special permit who "self-hauls" solid waste directly to the landfill or transfer station may be required to provide dump tickets or receipts showing such activity, at the request of the city manager or his/her designee.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

A. All owners of commercial premises, other than such commercial premises having been previously granted a special permit authorizing self-hauling, shall maintain proof of subscribing service from the contractor, for the collection of all generated solid waste from their commercial premises in conformance with the city's existing contract with the contractor. The service shall be at a level of collection at which the solid waste shall not overflow from the container serving such commercial premises, and shall at a minimum be picked up at least one time per week.

B. All owners of commercial premises, other than such commercial premises having been previously granted a special permit authorizing self-hauling, generating more than two cubic yards of solid waste per week shall arrange for recycling services and organic waste collection services provided by the solid waste hauler to which the city has issued a franchise. Unless the franchisee provides mixed waste processing, premises covered by this paragraph shall source-separate their recyclable materials from solid waste.

C. City staff shall engage in education and outreach to commercial premises covered by paragraph B concerning the requirements of this section, and shall monitor compliance and notify the owner or operator of any commercial premises which is not in compliance.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

All owners of residential premises shall be assessed fees pursuant to Section 8.64.040 for each self-contained living unit, whether solid waste is collected curbside, taken to public bins, or otherwise disposed of, regardless of the amount of solid waste generated, if any.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

A. All owners of multi-unit residential other than such premises having been previously granted a special permit authorizing self-hauling shall maintain proof of subscribing service from the contractor, for the collection of all generated solid waste from their multi-unit residential premises in conformance with the city's existing contract with the contractor. The service shall be at a level of collection at which the solid waste shall not overflow from the container serving such multi-unit residential premises, and shall at a minimum consist of one-half cubic yard per week per self-contained living unit.

B. All multi-unit residential other than such premises having been previously granted a special permit authorizing self-hauling shall arrange for recycling services provided by the solid waste hauler to which the city has issued a franchise. Unless the franchisee provides mixed waste processing, premises covered by this paragraph shall source-separate their recyclable materials from solid waste. The owner or manager of multi-unit residential premises may require tenants to source-separate recyclable materials to encourage the maximum possible diversion.

C. City staff shall engage in education and outreach to multi-unit residential premises concerning the requirements of this section, and shall monitor compliance and notify the owner or operator of any multi-unit residential premises which is not in compliance.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

Any owner or occupant of any premises may contract with the city's contractor for the performance of special services, as defined herein. Special services shall be performed by the contractor for additional service fees charged directly by the contractor to the owner or occupant under terms and conditions negotiated between the owner or occupant and the contractor. Special services may include the following:

A. Manual "pull out" service for front-loading bins, including opening and closing of enclosure doors;

B. Service for special sized containers;

C. Collection service for containers with locking lids or other special lids;

D. Collection and transportation of construction and demolition waste;

E. Any other collection, transportation, transfer, processing, or disposal service as agreed upon between the contractor and the customer and not expressly provided for and described in any franchise agreement between the city and the contractor;

F. Collection of refuse from more than two containers per week;

G. Overloaded bins. Special services shall not include the replacement of existing containers, bins, front-loading bins, roll-off bins, or public bins with clean and freshly painted replacements as deemed necessary by and requested by the city.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

A. Commercial bins shall bear the name, logo, or other designation of the owner or contractor.

B. No person shall maintain or place for collection on private property, a street, or a public right-of-way any container other than containers meeting the requirements of this chapter.

C. No container shall be placed in or adjacent to a street or public right-of-way for collection service more than twenty-four (24) hours prior to the normal collection time.

D. Containers shall be removed from, within or adjacent to the street or right-of-way within twenty-four (24) hours after collection.

E. It is unlawful for any person to place a bin in the public right-of-way without first obtaining an encroachment permit from the city engineer's office, on which the permit shall state the dates that the bin may be placed in the public right-of-way.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

The keeping of solid waste in containers or bins other than those prescribed by this chapter, or the keeping upon premises of solid waste which is offensive, obnoxious, or unsanitary is unlawful, constitutes a public nuisance and may be abated in the manner now or hereafter provided by law for the abatement of nuisances. All solid waste, including but not limited to hog manure, must be handled in such manner as to prevent the creation of a nuisance. Unused solid waste suitable for composting, including but not limited to hog manure, if spread upon the surface of the ground shall be promptly plowed underground or covered with equal successive layers of soil. Deep burial with top surface of all such refuse covered daily with soil will be permitted. Where compost or fertilizer is accumulated, the drainage of such piles must be controlled in a sanitary manner.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

Any container, which does not conform to the provisions of this section, or which is severely damaged or has jagged or sharp edges, may be removed from future use by the contractor or the city. Such removal notification shall be made by attaching a tab to the container for purposes of notice to the customer.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

No person, other than the person in charge of any premises, or the person authorized by law to remove any bin, including without limitation a public bin, or container from the location where the bin or container was placed by the person in charge for storage or collection, shall remove any solid waste from any bin or container, or move the bin or container from the location in which it was placed for storage or collection, without prior approval of the person in charge of such.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

A. It is unlawful for any person to deposit into any bin, container or public bin any material other than solid waste.

B. It is unlawful for any person to place solid waste in, or to otherwise use the bins or containers of another person, without the permission of that person.

C. It is unlawful for any person to deposit into any public bin, construction and demolition waste, bulky household items, construction material, crates, appliances, roofing, pipes, plumbing, metal products other than those associated with food storage or preservation, plastic of any kind or nature except those associated with food storage, preservation or packaging or commercial protective display or garment protection, paint and solvent cans, vehicle parts or vehicles, including motorcycles, bicycles, tires, batteries, or any designated hazardous material, tree stumps, dirt, concrete, asphalt, rock, gravel, household furniture, mattresses and uncrushed cardboard, unless otherwise provided in this chapter.

D. It is unlawful to place any solid waste in any bin, container or public bin that is not capable of remaining within the bin or container after deposit. It is a violation of this section to place, leave, deposit, or cause to be placed, left, or deposited any solid waste upon the ground around such bin or container, or within the enclosure that the bin is located.

E. It is unlawful for any person to place, leave, deposit, or cause to be placed, left, or deposited any solid waste in any public bin other than a public bin located at a Clean Bear Site. It is unlawful for any person to place, leave, deposit, or cause to be placed, left, or deposited in any public bin at a Clean Bear Site any solid waste that was not generated at a residential premises within the City of Big Bear Lake. Furthermore, such person using any public bin at a Clean Bear Site also must be a resident, whether transient, temporary, or permanent, of the City of Big Bear Lake. It is also unlawful for any private contractor or commercial business to place, leave, deposit, or cause to be placed, left, or deposited in any public bin any solid waste, regardless of the origin of such waste.

F. It is also unlawful for any person, business or representative thereof, to recommend, coerce, or instruct any other person, business or representative thereof to violate any provision of this chapter.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

Until picked up by the contractor, each person placing solid waste into a bin, or container for collection by the contractor shall be responsible for the cleanup of any and all solid waste that for any reason whatsoever spills from the bins or containers. It shall be unlawful for a person who has deposited solid waste into a bin or container, which solid waste has later spilled from, to knowingly allow the spilled solid waste to remain outside of the bin, or container, from which it spilled.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

No person shall burn any solid waste or special waste within the city, except in an approved incinerator or transformation facility or other device for which a permit has been issued by the city, and which complies with all applicable permit and other regulations of air pollution control authorities, and provided any such act of burning in all respects complies with all other laws, rules, and regulations.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

All restaurants and stores in which meats, fruits and vegetables are sold, cafes, hospitals, hotels and other public eating houses producing or having food waste shall place all such food waste in a suitable container apart from solid waste so that such food waste may be most conveniently collected by the contractor or any other person 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.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

A. Collection service at residential premises shall not start before six a.m. or continue after eight p.m., subject to change by resolution of the city council. Collection services to residential premises shall not take place on Sundays. Collection service at commercial premises may start at five a.m. and may continue until after eight p.m. only if specifically approved in writing by the city manager or his/her designee.

B. If the day of collection on any given route falls on a holiday or a day on which the disposal facility utilized by the contractor is closed, contractor may provide collection service for such route on the next workday following such holiday or disposal facility closure day or shall provide such collection service on such holiday or disposal site closure day, except that contractor shall never provide collection service on New Year's Day, Thanksgiving Day or Christmas Day, with the exception of commercial premises service and service to the public bins, which shall have collection on those dates on an as-needed basis.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

It shall be unlawful for any person to operate any vehicle or equipment used for the collection of solid waste where such vehicle or equipment is inadequately covered and/or otherwise is not equipped to prevent the blowing or falling out of solid waste or the leakage of liquids from a vehicle or equipment upon the public rights-of-way and public and private property in the city. It shall be unlawful for any person to operate in the city any solid waste collection equipment or vehicle that is not mechanically sound, safe and sanitary, or which has not been certified for use and operation by all public agencies having jurisdiction over and responsibility for inspecting and certifying the operation of such equipment and vehicles. It shall further be unlawful for any person to operate in the city any solid waste collection equipment or vehicle in violation of any provision of the California Vehicle Code or any applicable regulation of the California Highway Patrol.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

A. The city may, at its option, require fingerprinting and perform background investigations of applicants who desire to be a contractor or employee of a contractor.

B. Any employee of a contractor driving a contractor's vehicle shall at all times have in his possession a valid vehicle operator's license.

C. The contractor's employees shall be required to wear clean clothing of a uniform type.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

All class A, B, and D permit holders employed by the contractor to provide service in the city shall keep and maintain such operating records as the city may require to ascertain the extent of compliance with this chapter, and shall, if requested by the city, submit periodic reports of such operations. The contractor shall maintain a log of all complaints and the nature of such complaints so that they may be reviewed by the city. The contractor shall maintain office hours in the city in accordance with the terms and conditions specified in the contract between the contractor and the city.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

The city manager may, by written order, require the manager, occupant, or owner of any vacation rental, multi-unit residential premises or commercial premises, to increase the level of service provided by the contractor to a level determined by the city manager to adequately service the premises in question.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

All violations of Sections 8.64.020 through 8.64.250, inclusive, of this chapter are a misdemeanor, pursuant to Section 1.16.010 of this Code and upon plea or conviction, shall be punishable as provided in Section 1.16.020 of this Code, except as specified in Section 8.64.260.

A. Fines. Any violator of this chapter may face a fine of up to two hundred fifty dollars ($250.00) for each and every offense. Each violation shall be considered a distinct and separate offense, and each day on which a violation occurs shall be considered a separate and distinct offense.

B. Invoice for Costs. In addition to or in absence of a fine, any violator of this chapter shall be required to pay an invoice for costs for any expenses associated with correction or remediation of violations of this chapter.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

All previously approved exemptions shall be recognized in the future, whether or not currently a section of this chapter allows for the exemption from mandatory commercial or multi-unit residential service. Exemptions that are so "grand-fathered" may be revoked at any time in the future, when it is determined that the circumstances leading to the granting of the exemption have changed, or that the findings listed in this section are no longer met.

When unique circumstances make it impossible or extremely difficult to carry out the strict letter of this chapter with respect to mandatory commercial service, the owner or manager of commercial or multi-unit residential premises may request a special permit from the city manager, or his/her designee, exempting such premises from mandatory service as stated in this chapter. An exemption may be granted if all four of the following stated findings are met:

A. The granting of such exemption will not be materially detrimental to other persons, properties or businesses in the area, and will not otherwise conflict with applicable city regulations;

B. There are unique or exceptional circumstances or conditions of the property that do not apply to other properties in the same zoning, vicinity, and use categories;

C. The strict application of the mandatory service requirement causes the property or business owner an undue hardship not experienced by other properties or businesses of a similar type or in a similar area;

D. The granting of the exemption would not constitute a special privilege inconsistent with limitations upon other properties or business owners of a similar type or location.

Conditions of approval may be required of the person or entity applying for the exemption. Such conditions must be maintained throughout the life of the exemption. The failure to maintain such conditions may lead to the revocation of the previously approved exemption. Any person who is dissatisfied with any decision or ruling of the city manager under the provisions of this chapter may appeal to the city council, which shall have the power to grant or deny such appeal. The appeal shall be taken by filing with the clerk of the city council a notice of appeal within ten (10) days after the date of the decision or ruling by the city manager.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

A. Tier one commercial edible food generators must comply with the requirements of this section, and tier two commercial edible food generators must comply commencing January 1, 2024.

B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.

C. Commercial edible food generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.

2. Enter into a written agreement with food recovery organizations or food recovery services for:

a. The collection of edible food for edible food recovery from the tier one or tier two commercial edible food generator's premises; or

b. The acceptance of edible food that the tier one or tier two commercial edible food generator self-hauls to the food recovery organization.

3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

4. Allow the city's designated enforcement officer or designee to access the premises and to review records pursuant to 14 CCR § 18991.4.

5. Keep records that include the following information, or as otherwise specified in 14 CCR § 18991.4:

a. A list of each food recovery service or food recovery organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR § 18991.3(b).

b. A copy of all contracts or written agreements established under 14 CCR § 18991.3(B).

c. A record of the following information for each of those food recovery services or food recovery organizations:

i. The name, address, and contact information of the food recovery service or food recovery organization.

ii. The types of edible food that will be collected by, or self-hauled to, the food recovery service or food recovery organization.

iii. The established frequency that edible food will be collected or self-hauled.

iv. The quantity of edible food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for purposes of food recovery.

D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 (Chapter 285, Statutes of 2017).

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

A. Food recovery services collecting or receiving edible food directly from commercial edible food generators via a contract or written agreement established under 14 CCR § 18991.3(b) shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(1):

1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.

2. The quantity in pounds of edible food collected from each commercial edible food generator per month.

3. The quantity in pounds of edible food transported to each food recovery organization per month.

4. The name, address, and contact information for each food recovery organization for which the food recovery service transports edible food for food recovery.

B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators via a contract or written agreement established under 14 CCR § 18991.3(b) shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(2):

1. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.

2. The quantity in pounds of edible food collected form each commercial edible food generator per month.

3. The name, address, and contact information for each food recovery service from which the organization receives edible food for food recovery.

C. Food recovery organizations and food recovery services that have their primary address physically located in the city and contract or have written agreements with one or more commercial edible food generators pursuant to 14 CCR § 18991.3(b) shall, no later than March 1, July 1, and September 1 of each calendar year, report to the city in which they are located the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators with which they have established a contract or written agreement pursuant to 14 CCR § 18991.3(b).

D. In order to support edible food recovery capacity planning assessments and other studies, food recovery services and food recovery organizations operating in the city shall, upon request, provide information and consultation to the city regarding existing or proposed new or expanded food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within sixty (60) days, unless a shorter timeframe is otherwise specified by the city.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

A. City enforcement officer, contractor, and/or a designated entity, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter, subject to applicable laws. This section does not allow the city to enter the interior of a private residential property for inspection.

B. The regulated entity shall provide or arrange for access during all inspections and shall cooperate with the city enforcement officer or designee during such inspections and investigations. Such inspections and investigations may include edible food recovery activities, records, or any other requirement described herein. Failure to provide or arrange for:

1. Access to an entity's premises; or

2. Access to records for any inspection or investigation is a violation of this chapter and may result in penalties described in section 8.64.320.

C. City enforcement officer and/or its designee are authorized to conduct inspections an investigations, at random or otherwise, to confirm compliance with this chapter by commercial edible food generators, food recovery services, and food recovery organizations, subject to applicable laws.

D. Any records obtained by the city during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code § 6520 et seq.

E. City enforcement officer and/or its designee are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

F. The city shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

A. The city manager, or his/her designee shall have authority to enforce the provisions of this chapter, to inspect all premises where solid waste is kept or accumulated for the purpose of determining sanitary conditions, and to investigate whether the provisions of this chapter and all health ordinances of the city and health laws of the state are complied with.

B. Upon conviction, any person, firm, or corporation convicted of violating Sections 8.64.020 through 8.64.250, inclusive, of this chapter may be found guilty of a misdemeanor. The city attorney shall have the authority to prosecute any violation of this chapter, which is otherwise a misdemeanor, as an infraction, in the interests of justice. In such cases, the city attorney shall specify in the accusatory pleadings that the offense has been filed as an infraction, or the citing officer shall issue a notice to appear, charging the defendant with a violation of an infraction.

C. City enforcement officer, contractor, and/or a designee will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)

A. Violation of Sections 8.64.290 through 8.64.310, inclusive, of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by an enforcement officer. Enforcement actions under this chapter include issuance of an administrative citation and assessment of a fine. The city's procedures on imposition of administrative fines are set forth in Chapter 1.17 of this Code, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant hereto, except as otherwise indicated.

B. City may seek all other remedies allowed by law, including civil action or prosecution for an alleged misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations.

C. Penalty Amounts for Types of Violations.

1. For a first violation, the amount of the penalty shall be one hundred dollars ($100.00) per violation.

2. For a second violation, the amount of the penalty shall be two hundred dollars ($200.00) per violation.

3. For a third or subsequent violation, the amount of the penalty shall be five hundred dollars ($500.00) per violation.

4. The penalties shall be consistent with Government Code section 36900.

D. The city may extend the compliance deadlines set forth in a notice of violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

2. Delays in obtaining discretionary permits or other government agency approvals; or,

3. Deficiencies in edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

E. Reserved.

F. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation under this chapter may request a hearing to appeal the citation pursuant to Section 1.17.070, as it may be amended from time to time.

G. Education Period for Non-Compliance. Through December 31, 2023, the city will conduct inspections to determine compliance, and if the city determines that the tier one commercial edible food generator, food recovery service, food recovery organization, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

H. Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the city determines that a tier one commercial edible food generator, tier two commercial edible food generator, food recovery service, food recovery organization, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this chapter.

I. This chapter shall be interpreted to be consistent with the city's regulatory authority, and shall only apply to local education agencies and other entities to the extent permitted by law, including SB 1383 regulations.

(Ord. No. 2022-504, § 1(Exh. A), 8-15-2022)