Blue Lake Municipal Code Ch. 13.04 Solid Waste Management

The purpose of this chapter is to protect the public health, safety, and welfare of the City of Blue Lake by reducing o eliminating health hazards, fire hazards, offensive odors, and unsightly litter attributable to accumulations of solid waste. In addition, this chapter implements the requirements of the California Integrated Waste Management Act of 1989 ("the Act"), Public Resources Code Section 40,000 et seq. In particular, the Act requires the City of Blue Lake to develop an integrated waste management plan by which the City will reduce disposed solid waste by 25% in 1995 and 50% in 2000. The Act additionally requires the City to prepare a household hazardous waste plan that describes how the City will manage and reduce its household hazardous wastes over the next 10 years.

The City maintains exclusive authority to manage and regulate solid waste, including, but not limited to, regulations regarding the storage, collection, transportation, processing and dismissal of solid waste materials. Such authority includes the right to determine the methods by which such regulation occurs, for example, through contract, permit, franchise, or another method.

Every producer of solid waste has the duty to provide, as herein required, for the storage, removal, and/or composting, or recycling of all solid waste materials produced on the premises occupied by him or her.

Unless the context requires otherwise, the definitions in this section govern the construction of this chapter. The definition of a word applies to any of that word's variants.

Authorized Compost Collection Contractor:

Any person or entity that the City has authorized to collect compostable material in the City pursuant to franchise, contract or permit granted in accordance with the provisions of this chapter.

Authorized Recycling Collection Contractor:

Any person or entity that the City has authorized to collect recyclable material in the City pursuant to franchise, contract or permit granted in accordance with the provisions of this chapter.

Authorized Solid Waste Collection Contractor:

Any person or entity that the City has authorized to collect solid waste for landfill disposal in the City pursuant to franchise, contract or permit granted in accordance with the provisions of this chapter.

Backyard Composting:

The composting of organic solid waste on the premises on which the compostable material is generated.

Compost:

The product resulting from the controlled biological decomposition of organic wastes that are source separated from the solid waste stream, or which are separated at a centralized facility.

Compostable:

Solid waste materials capable of being processed into compost. Compostable materials include, but are not limited to, vegetable, yard, and wood wastes which are not hazardous wastes.

Composting Facility:

A facility permitted by the State to process solid waste materials capable of being composted.

Director:

The City Council of the City of Blue Lake, or such other person as the City Council may designate.

Drop-Off Center:

A location designated by the City where residents may leave recyclable materials without receiving payment for such recyclable materials, including, but not limited to, neighborhood drop-off centers and multiunit dwelling drop-off centers.

Dwelling:

A residence, flat, apartment, or facility used for housing one or more persons.

Hazardous Waste:

Any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the work place or the environment. Hazardous materials include, but are not limited to, hazardous substances, household hazardous waste and any material which the City, based on local, state or federal law, believes would be injurious to the public health and safety.

Household:

One or more persons living as a single housekeeping unit in a dwelling.

Household Hazardous Waste:

Hazardous wastes commonly occurring in households, including, but not limited to, motor oils, latex paints, solvents or oil-based paints, all batteries, pesticides and cleansers.

Landfill Disposal Facility:

Any State permitted facility or location where landfill disposal of solid waste occurs or where solid waste for landfill disposal may be deposited, for example a transfer station.

Multiple-Unit Dwelling:

Any premises, other than a single unit dwelling, used for residential purposes, irrespective of whether residents therein are transient, temporary, or permanent.

Premises:

Any land, building and/or structure or portion thereof in the City where any solid waste is produced. Processing: The reduction, separation, recovery, conversion, recycling or composting of solid waste.

Producer:

Any person, firm, or entity that generates solid waste. Recyclable: Solid waste materials capable of being recycled.

Recycle:

The process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise be disposed of, 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 market place.

Recycling Facility:

A facility permitted by the City to recycle solid waste material. A recycling facility may pay or offer redemption for recyclable materials to persons or authorized recycling collection contractors who bring recyclable materials to such recycling facility.

Single-Unit Dwelling:

Premises used for or designated as a single-family residential dwelling or any other residential premises that individually utilizes solid waste collection services.

Solid Waste:

Except as provided in paragraphs 2, 3, and 4 of this definition, solid waste includes, but is not limited to, all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, including tires, discarded home and industrial appliances, de-watered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid or semi-solid wastes, yard waste and other discarded solid and semi-solid wastes, recyclable and compostable materials.

Solid waste does not include low level radioactive waste regulated under Chapter 7.6 of Division 20 of the Health and Safety Code.

Solid waste does not include medical waste which is regulated pursuant to the Medical Waste Management Act, Division 20 of the Health and Safety Code, provided that the medical waste, whether treated or untreated, is not disposed of at a solid waste facility. Medical waste which has been treated and which is deemed to be solid waste shall be regulated pursuant to this chapter.

Solid waste does not include hazardous or household hazardous waste.

Solid Waste Collection Services:

Services provided by an authorized contractor for the collection of solid waste materials including solid waste for landfill disposal, recyclable materials and compostable materials.

Solid Waste for Landfill Disposal:

Solid waste material intended by the producer for landfill disposal.

Special Wastes:

Non-rotting solid waste material from dwelling units, institutional, commercial, industrial, or agricultural establishments which require special collection, handling, treatment, and/or disposal techniques or permit changes for disposal.

A. Storage of Solid Waste for Landfill Disposal.

1. Containers Required. Except as herein provided, each solid waste producer within the City shall provide on the producer's premises without expense to the City a sufficient number of adequate containers for the storage of all solid waste for landfill, disposal whether solid waste material is to be transported by the producer of such solid waste or collected by an authorized solid waste collection contractor. Such containers shall be maintained at all times in good repair and in a clean, neat, and sanitary condition. The area used for storage shall also be maintained at all times in a clean, neat, and sanitary condition. Tree limbs and other yard wastes for landfill disposal that do not fit into containers specified herein shall be placed in containers or otherwise stored prior to collection or transportation in a manner approved by the Director. The Director may establish additional container requirements as needed to maintain the public health and safety.

2. Solid Waste Produced at Single-Unit Dwellings. Single-unit dwellings utilizing services of an authorized solid waste collection contractor shall store solid waste for landfill disposal in self-provided containers of not more than 32 gallons nor less than five gallons, or such other containers as may be provided or approved by the collection contractor. Such containers shall be leakproof, waterproof, and fitted with a fly-tight lid and shall be covered at all times except when depositing waste therein or removing the contents thereof. The containers shall have handles, bales, or other suitable lifting devices or features. Containers shall be of a light weight and sturdy construction. The weight of any individual container and contents when such container is filled to within four inches of the top shall not exceed 1.25 pounds per gallon and no more than 40 pounds per container. Galvanized metal containers, or rubber, fiberglass, or plastic containers which do not become brittle in cold weather may be used.

3. Solid Waste Produced Other Than at Single-Unit Dwellings. Multi-unit dwellings, or institutional, commercial, industrial, or agricultural facilities utilizing services of an authorized solid waste collection contractor shall store solid waste for landfill disposal in containers as specified in paragraph 1 of this subsection or of the type designed to be handled mechanically by solid waste collection vehicles, as approved by the Director. All containers shall be waterproof, leakproof, and shall be covered except when depositing waste therein or removing the contents thereof. Containers shall be stored on private property unless the owner has been granted written permission by the Director to use public property for such purposes. Cleaning of bulk containers shall be the responsibility of the supplier of the bulk container.

4. Designation of Containers. All containers used to store solid waste for landfill disposal shall be clearly labeled with the address of the producer, or with another designation as appropriate, which will enable the City or authorized solid waste collection contractor to identify the party responsible for payment of solid waste collection services.

5. Unauthorized Containers. Each use of a container for solid waste which does not meet the standards as set forth in this chapter, including, but not limited to, weight and size limitations, shall constitute a separate and distinct offense punishable as provided in this chapter. If containers exceed size or weight limitations, the solid waste contents therein will not be collected. Containers which are otherwise not in accordance with this chapter shall be collected together with their contents if size and weight of containers make such collection feasible. In all situations of nonconforming containers, notice shall be mailed to the producer advising the producer of applicable provisions of this chapter.

B. Collection of Solid Wastes for Landfill Disposal.

1. Collection Authorized. The City may enter into an exclusive contract or franchise with a solid waste collection contractor for the purpose of collecting solid waste for landfill disposal. No other person, entity, organization, or firm is authorized to collect solid waste for landfill disposal.

2. Point of Collection. Producers who utilize solid waste collection services for landfill disposal shall place solid waste containers next to the street or alley as specified by the Director. It is presumed that solid waste for landfill disposal placed at a point of collection in accordance with this chapter is to be collected by an authorized solid waste collection contractor.

3. Collection Intervals. Solid waste for landfill disposal collected by an authorized solid waste collection contractor shall be collected at least once weekly, or more frequently as determined necessary by the Director to protect the public health and safety. With respect to occasional pick-ups as authorized in paragraph (9)(b) of this subsection, the Director may require collection at such intervals as necessary to protect the public health and safety.

4. Time Limit on Container Placement at Street or Alley. All containers containing solid waste for landfill disposal placed next to the street or alley for collection shall be placed not more than 12 hours prior to the collection date and shall be removed not more than 12 hours subsequent to the collection date.

5. Authority to Enter Upon Private Property. The City, its employees, and authorized solid waste collection contractors are authorized to enter upon and/or across private property for the sole purpose of collecting solid waste for landfill disposal therefrom as required by this chapter. Authorized solid waste collection contractors shall not enter dwelling units or other residential buildings for the purpose of collection and removing solid wastes for landfill disposal generated thereon.

6. Responsibilities at Point of Collection.

a. Authorized solid waste collection contractors shall be responsible for the collection of solid waste for landfill disposal from the point of collection to the transportation vehicle provided that solid waste for landfill disposal is stored in compliance with this chapter. Any spillage or blowing litter occurring prior to the arrival of the authorized solid waste collection contractor at the point of collection shall be collected and cleaned up by the producer of such solid waste. Any spillage or blowing litter caused as a result of the authorized solid waste collection contractor shall be collected and cleaned up by the solid waste collection contractor.

b. Authorized solid waste collection contractors shall not be required to reach into containers to remove any contents.

c. Containers emptied by an authorized solid waste collection contractor shall be returned to the point of collection.

7. Special Collections. The Director may require an authorized solid waste collection contractor to make collections of solid waste for landfill disposal in addition to those ordinarily scheduled when necessary to protect the public health and safety. Fees for such special collections shall be established by resolution of the City Council.

8. Ownership of Solid Waste for Landfill Disposal. Solid waste for landfill disposal shall remain the property of the producer even after such solid waste is placed at a point of collection or into a bulk container for collection or is deposited in violation of paragraph (D)(2) of this section. The producer of solid waste for landfill disposal shall retain ownership of such solid waste even after collection of said solid waste by an authorized solid waste collection contractor.

9. Mandatory Collection.

a. If the Director determines that solid waste reduction and diversion goals of the California Integrated Waste Management Act, Public Resource Code Section 40000 et seq., are not being met, all producers shall utilize collection services of an authorized solid waste collection contractor, and may no longer self-haul solid waste for landfill disposal as permitted in paragraph (C)(1) of this section.

b. Mandatory collections as required herein may be satisfied through the use of occasional pickup arrangements made with the Director. When such occasional pick-up arrangements are made, producers shall satisfy the container requirements specified in subsection A of this section.

C. Transportation of Solid Wastes.

1. Transportation of Own Wastes. Unless or until mandatory collection as specified in paragraph (B)(9) of this section is required, any producer may transport solid waste for landfill disposal generated by such producer or the producer's household, or by such producer on such producer's premises to a landfill disposal facility. Such producer must store solid waste as detailed in subsection A of this section and shall transport solid waste for landfill disposal in such a manner that does not cause the spillage of solid waste, leakage of liquids, emission of offensive odors, or creation of a health or safety hazard.

2. Transportation of Collected Wastes. An authorized solid waste collection contractor shall transport collected solid waste for landfill disposal to a landfill disposal facility as specified in the agreement for collection of solid wastes entered into by the City and such contractor.

3. Vehicle Standards. Vehicles used by the City or authorized solid waste collection contractors to transport solid waste for landfill disposal shall be maintained in a safe, clean, and sanitary condition, and shall be so constructed, maintained, and operated as to prevent spillage of solid waste, leakage of liquids, and keep emission of offensive odors to a minimum.

D. Landfill Disposal of Solid Wastes.

1. Disposal at Approved Sites Only. Solid wastes for landfill disposal whether transported by the producer or collected by an authorized solid waste collection contractor, shall be deposited at a processing facility or disposal area approved by the State and complying with all relevant requirements of local, state, and federal laws and regulations.

2. Unlawful Disposal. It is unlawful for any person to throw or deposit any solid waste for landfill disposal, or to cause the same to be thrown or deposited, in or upon any street, alley, gutter, park, body of water or other public property, or to throw or deposit solid waste for landfill disposal in or upon any private property or body of water. It is unlawful for any person to place solid waste for landfill disposal into any solid waste for landfill disposal container without authorization from the City or owner of such container.

A. Storage of Recyclable Materials.

1. General Requirements. Materials intended by the producer to be recycled shall be stored prior to collection or transportation to a recycling facility in such a manner that does not create a health or safety hazard, and does not litter public or private property including the premises of the producer. Recyclable materials may not be stored on or in front of any premises in an unsightly manner. The Director may establish additional storage requirements as necessary.

2. Drop-Off Centers. Recyclable materials at drop-off centers shall be stored prior to transport to a recycling facility in containers approved by the Director that prevent the drop-off center from creating a health or safety hazard. Such containers shall at all times be maintained by the authorized recycling collection contractor in a neat and clean manner. Containers shall be covered at all times except when depositing recyclable materials therein or removing the contents therefrom.

3. Storage for Collection by Authorized Contractors. Producers utilizing services of an authorized recycling collection contractor to collect recyclable materials shall store recyclable materials for collection in containers approved by the Director.

B. Collection of Recyclable Materials.

1. Collection Authorized. The City may enter into exclusive or nonexclusive contracts, franchises or permits with recycling collection contractors for purposes of collecting recyclable materials. No other person, entity, organization or firm is authorized to collect recyclable materials. Nothing in this provision shall be construed as restricting or interfering with a producer's right to transport recyclable materials produced by such person or on such person's premises to a recycling facility, provided that such transportation is done in accordance with the provisions of this chapter.

2. Point of Collection, Residential. Residential producers utilizing services of an authorized recycling collection contractor shall place recyclable materials for collection next to the street or alley as specified by the Director. It is presumed that recyclable materials placed at a point of collection in accordance with this chapter are to be collected by an authorized recycling collection contractor.

3. Permission to Enter Private Property. Authorized recycling collection contractors shall not enter dwelling units or other residential buildings for the purpose of collecting recyclable materials. An authorized recycling collection contractor may enter commercial, industrial, institutional or agricultural premises to collect recyclable materials provided the owner of the establishment has given permission for such entry, and the Director has issued a permit to the authorized contractor allowing such entry.

4. Collection Intervals. Recyclable materials collected by an authorized recycling collection contractor shall be collected at intervals specified by the Director.

5. Time Limit on Placement on Street or Alley. Recyclable materials to be collected by an authorized recycling collection contractor shall be placed next to the street or alley not more than 12 hours prior to the collection date and containers which are not collected with the recyclable materials shall be removed not more than 12 hours subsequent to the collection date.

6. Responsibilities at Point of Collection. Authorized recycling collection contractors shall be responsible for the collection of recyclable materials from the point of collection to the transportation vehicle provided that recyclable materials are stored in compliance with this chapter. Any spillage or litter occurring prior to arrival of the recycling collection contractor at the point of collection shall be collected and cleaned up by the producer. Any spillage or litter caused by the authorized recycling collection contractor shall be collected and cleaned up by the recycling collection contractor.

7. Collection by Nonprofit Organizations. An authorized recycling collection contractor may permit a nonprofit organization to collect any recyclable materials that such recycling collection contractor is authorized to collect. Collection and transportation of recyclable materials by such nonprofit organization shall be in accordance with the provisions of this chapter.

8. Collections Without Compensation. Notwithstanding the requirements of paragraph 1 of this subsection, any person may collect recyclable materials and transport said recyclable materials to a recycling facility or drop-off center without a contract, franchise or permit provided such collection is made without receipt of compensation, consideration, or benefit from the producer, and such recyclable materials are deposited in a drop-off center or recycling facility without receipt of compensation, consideration, or benefit from the producer. Collections as authorized in this section may not be made from drop-off centers or from recyclable materials placed at a point of collection. Transportation of recyclable materials shall be made in accordance with the provisions of subsection C of this section.

9. Collection for Profit. Persons or organizations wishing to collect recyclable materials from residences or from businesses for purposes of generating revenue, shall obtain a permit from the City authorizing such collections. Such permit may limit the total number of persons authorized to collect recyclable materials for the specific organization, the locations from where recyclable materials may be solicited, the total amount of recyclable materials that may be collected, the time period during which such collections may occur, and any other matters deemed appropriate by the Director. The issuance of such permits may be limited by the Director. Collection and transportation of recyclable materials by persons or organizations pursuant to a permit issued herein shall be in accordance with the provisions of this chapter.

C. Transportation of Recyclable Materials.

1. Transportation of Own Recyclable Materials. Any producer may transport recyclable materials generated by such producer or on such producer's premises to a neighborhood drop-off center or to a recycling facility. Such producer shall transport recyclable materials in a manner that does not create any litter spillage, leakage, or a health or safety hazard.

2. Transportation of Collected Recyclable Materials. An authorized recycling collection contractor shall transport collected recyclable materials to a recycling facility as specified in the agreement for collection of recyclable materials entered into by the City and such contractor.

3. Vehicle Requirements. Vehicles used by the City or an authorized recycling collection contractor to transport recyclable materials shall be maintained in a safe, clean, and sanitary condition, and shall be so constructed, maintained, and operated as to prevent litter spillage, leakage, or the creation of a health or safety hazard.

D. Processing of Recyclable Materials.

1. Accepting Recyclable Materials for Processing—Self-Hauled. A recycling facility may accept recyclable materials for processing from producers transporting recyclable materials generated on the producer's premises if such facility has received a permit from the Director to accept such recyclable materials.

2. Accepting Recyclable Materials for Processing—Collection Contractors. A recycling facility may accept recyclable materials for processing from authorized recycling collection contractors if such facility is authorized by a contract with the City to accept such recyclable materials.

E. Ownership of Recyclable Materials.

1. Drop-off Centers. Recyclable materials which are placed in drop-off centers, shall become property of the City upon the placement of said recyclable materials into the drop-off center containers.

2. Street or Alley. Recyclable materials placed next to the street or alley for collection shall become the property of the authorized recycling collection contractor or of the City as set forth in the agreement for collection of recyclable materials entered into by the City and such contractor.

F. Prohibited Activities.

1. Unauthorized Collection Prohibited. No person other than an authorized recycling collection contractor shall remove recyclable materials that have been placed into drop-off centers or that have been placed on the street or alley for collection. Any and each such removal in violation hereof from any drop-off center or from a street or alley shall constitute a separate and distinct offense punishable as provided in this chapter.

2. Placement of Unauthorized Materials. No person shall place any object or item of any kind or character except recyclable materials into drop-off centers or into containers containing recyclable materials that have been placed next to the street or alley for collection. Any and each such placement of non-recyclable materials in violation hereof shall constitute a separate and distinct offense punishable as provided in this chapter.

3. Drop-off Centers at Multi-Unit Dwellings. Drop-off centers specifically located to service a multiunit dwelling shall be available for use only by residents of the particular dwelling. Each placement of materials into the drop-off center by nonresidents of the dwelling unit shall constitute a separate and distinct offense punishable as provided in this chapter.

A. Storage of Compostable Material. Organic solid waste material for backyard composting shall be stored in container bins or in a manner so it does not create a health or safety hazard. No material for composting shall be stored in front of any premises so as to be unsightly. The Director may establish additional storage requirements for compostables as necessary.

B. Collection of Compostables.

1. Collection Authorized. The City may enter into exclusive or nonexclusive contracts, franchises or permits with compost collection contractors for purposes of collecting compostable materials. No other person, entity, organization or firm is authorized to collect compostable materials. Nothing in this provision shall be construed as restricting or interfering with a person's right to transport compostable materials produced by such person or on such person's premises to a composting facility, provided that such transportation is done in accordance with the provisions of this chapter.

2. Point of Collection. Producers utilizing services of an authorized compost collection contractor shall place compostable materials for collection next to the street or alley as specified by the Director.

3. Collection Intervals. Compostable materials collected by an authorized composting collection contractor shall be collected at intervals specified by the Director.

4. Time Limit on Material Placement on Street. Compostable materials which are to be collected by an authorized compost collection contractor shall be placed next to the street or alley not more than 12 hours prior to the collection date and containers which are not collected with the compostables shall be removed not more than 12 hours subsequent to the collection date.

5. Responsibilities at Point of Collection. Authorized compost collection contractors shall be responsible for the collection of compostable materials from the point of collection to the transportation vehicle. Any litter occurring prior to arrival of the composting collection contractor at the point of collection shall be collected and cleaned up by the producer. Any litter caused by the authorized composting collection contractor shall be collected and cleaned up by the composting collection contractor.

C. Transportation of Compostable Materials.

1. Transportation of Own Compostable Materials. Any producer may transport compostable materials generated by such producer or on such producer's premises to a composting facility. Such producer shall transport compostable materials in a manner that does not create any litter or a health or safety hazard.

2. Transportation of Collected Compostable Materials. An authorized compost collection contractor shall transport collected compostable materials to a composting facility as specified in the agreement for collection of compostable materials entered into by the City and such contractor.

3. Vehicle Requirements. Vehicles used by the City or an authorized composting collection contractor to transport compostable material shall be maintained in a safe, clean, and sanitary condition, and shall be so constructed, maintained, and operated as to prevent the creation of a health or safety hazard.

D. Processing of Compostable Materials.

1. Accepting Compostable Materials for Processing—Self-Hauled. A composting facility may accept compostable materials for processing from producers transporting compostable materials generated on the producer's premises if such facility has received a permit from the Director to accept such compostable materials.

2. Accepting Compostable Materials for Processing—Collection Contractors. A composting facility may accept compostable materials for processing from authorized composting collection contractors if such facility is authorized by a contract with the City to accept such compostable materials.

E. Ownership of Compostable Materials Streetside. Compostable materials placed next to the street or alley for collection shall become upon collection the property of the authorized composting collection contractor or of the City as set forth in the agreement for collection of compostable materials entered into by the City and such contractor.

F. Prohibited Acts.

1. Unauthorized Collection Prohibited. No person other than an authorized composting collection contractor shall remove compostable materials which have been placed next to the street or alley for collection. Any and each such removal in violation hereof from a streetside or alley shall constitute a separate and distinct offense punishable as provided in this chapter.

2. Placement of Unauthorized Materials. No person shall place any object or item of any kind or character except compostable materials next to a street or alley for collection by an authorized compost collection contractor. Any and each such placement of noncompostable materials in violation hereof shall constitute a separate and distinct offense and punishable as provided in this chapter.

A. Hazardous Waste Segregation—Disposal. All producers of hazardous waste shall segregate such hazardous waste from all other solid waste.

B. Hazardous Waste Disposal. No person, entity or firm may knowingly cause or permit hazardous waste to be collected or transported to a landfill disposal facility, except in accordance with state and federal law.

C. Violations. Any person, entity or firm found in violation of this section shall be guilty of a misdemeanor. Any and each such placement of hazardous materials shall constitute a separate and distinct offense.

A. Grading, Demolition, and Construction Wastes. Grading, demolition and construction wastes shall be confined to the property on which grading, demolition, or construction occurs and shall be removed by the owner or his/her agents immediately after such demolition or construction is completed.

B. Special Wastes. Special wastes shall be confined to the property upon which they originate in such a manner that does not create a health or safety hazard. No items of special wastes shall be stored on or in front of any premises in an unsightly manner. The collection and/or transportation of special wastes to a disposal or processing facility may be made the responsibility of the producer of said special wastes by the Director, and such collection and/or transportation shall occur in a timely fashion.

C. Yard Wastes. Tree limbs, brush, and other yard wastes which cannot be composted shall be confined to the property upon which they originate in such a manner that does not create a health or safety hazard. The producer of such yard wastes shall be responsible for making prompt arrangements to have such yard wastes collected and transported in a timely fashion to a disposal or processing factory.

D. Abandoned Solid Waste. When the producer of solid waste cannot be located or identified, the owner of the premises or property on which such solid waste is found shall be responsible for the storage, collection, and/or processing of such solid waste materials in accordance with this chapter.

A. AB 939 Fee. At such time as the City establishes a fee by resolution, each single and multiple dwelling unit, commercial establishment, and other nonresidential establishment in the City shall pay a designated AB 939 fee as set forth in the schedule of fees adopted by resolution of the City Council. The fee shall be charged regardless of whether the unit or establishment is producing solid waste and shall be used to pay the costs incurred by the City in preparing, adopting, and implementing the Source Reduction and Recycling Element and Household Hazardous Waste Element required under Division 30 of the California Public Resources Code.

B. Solid Waste Collection Service Fees. Each producer individually utilizing solid waste collection services shall be charged a fee for such collection services. The solid waste collection service fees are in addition to AB 939 fees and shall be paid to the collection contractor in accordance with the contract or franchise granted by the City.

No contracts or franchise for solid waste collection services shall be entered into by the City until and unless the prospective contractor or franchisor shall procure and maintain for the duration of the contract or franchise worker's compensation insurance and insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work thereunder by the contractor or franchisor, its agents, representatives, employees or subcontractors. Coverage, minimum limits of insurance, deductibles, self-insured retentions, as well as all other insurance provisions, shall be in a form and amount satisfactory to the City. Persons applying for permits for solid waste collection services may be required to procure and maintain liability insurance as deemed appropriate by the City.

A. Solid Waste Survey. When requested by the Director, all producers of solid waste, whether private, commercial, agricultural industrial, or institutional shall submit information on the nature and character of their solid waste production and its disposal or processing by completing a solid waste survey. The Director shall prepare a form for this purpose and may periodically require producers to update the survey. The purpose of the survey is to enable the City to comply with requirements of the California Integrated Waste Management Act of 1989.

B. Burning. Burning of solid wastes may be permitted only by application to and approval by the Blue Lake Fire Protection District prior to the burning.

A. Inspection. In order to ensure compliance with this chapter and the California Integrated Solid Waste Management Act, the Director, public health personnel, and fire inspection personnel are each authorized to inspect any and all phases of solid waste management within the City. No inspection shall be made in any dwelling unit unless authorized by the occupant or in accordance with due process of law. In all cases where such inspections reveal a violation of the provisions of this chapter, the Director or appropriate agency shall issue a notice for each such violation stating therein the violation or violations found, the applicable law and regulations, and the time period within which corrective action shall be taken.

B. Penalties. Any person violating the provisions of this chapter shall be guilty of an infraction for each offense unless otherwise specified herein. A separate offense shall be deemed committed on each day during which a violation occurs or continues. The fact that solid waste remains on an occupant's premises in violation of this chapter shall be "prima facie" evidence that the occupant of the premises is responsible for the violation hereof.