Chowchilla Municipal Code Ch. 8.06 Mandatory Commercial and Multi-Family Residential Recycling

The purpose of this chapter is to:

A. Establish requirements for the collection and recycling of recyclable materials and collection and organics processing of organic materials generated from commercial facilities, and multi-family dwellings. These requirements are intended to accomplish the following:

1. Assist the city in complying with the Integrated Waste Management Act of 1989 (AB 939 passed and signed into law in 1989) establishes an integrated waste management program that requires each county and city to prepare and submit to the department countywide integrated waste management plan. The act requires a business, which is defined as a commercial or public entity that generates more than four cubic yards of commercial solid waste per week or is a multifamily residential dwelling of five units or more, to arrange for recycling services. Existing law also requires jurisdictions to implement a commercial solid waste recycling program meeting specified elements.

2. Augment voluntary recycling efforts to further the city's recycling and diversion goals.

3. Reduce greenhouse gas emissions associated with the mining and manufacturing of goods from virgin materials and associated with the disposal of solid waste in landfills.

4. Further protect the natural environment and human health as well as enhance the economy through increased recycling and organics processing activities.

B. Provide for enforcement through the use of fines for violating the requirements of this chapter;

C. Establish a schedule for implementing and enforcing the chapter;

D. Provide exclusions and exemptions for select solid waste customers, and commercial generators, who are not included or able to comply with this chapter or for whom the chapter poses an undue burden.

(Ord. No. 484-17, § 14, 8-22-2017)

The city council finds and determines as follows:

A. The city wishes to maintain a safe, controlled and cost-efficient commercial and multi-family residential recycling program, which serves as a convenience to the community and preserves the public health and safety.

B. The city wishes to encourage commercial, and multi-family recycling in order to reduce impacts to landfill and to reduce greenhouse gas emissions attributable to solid waste.

C. The city has determined that reducing the amount of solid waste is entering the waste stream in the overall interest of the community, and is required by state mandates under the Integrated Waste Management Act of 1989, the Alternative Compliance Act of 2008 and the California Global Warming Solutions Act of 2006.

(Ord. No. 484-17, § 14, 8-22-2017)

The definitions set forth in Section 8.04.010 of the Municipal Code shall apply to this chapter.

(Ord. No. 484-17, § 14, 8-22-2017)

Each solid waste customer shall be responsible for ensuring and demonstrating its compliance with the requirements of this chapter. Each solid waste customer shall:

A. Subscribe to an adequate level of service for recyclable materials and, when applicable, organic materials generated at the commercial facility, and multi-family dwelling, if the solid waste customer does not already self haul those recyclable materials or organic materials to a recycling or organics processing facility.

B. Provide, directly or through the solid waste collector, appropriate and sufficient containers, placed in appropriate and accessible locations with adequate signage, to ensure maximum segregation of recyclable materials by all commercial generators, and multi-family generators and to ensure maximum segregation of organic materials by food service establishments.

C. Post and maintain signs containing information and instructions on the proper segregation and storage of recyclable materials and organic materials in areas where containers are located.

D. Ensure that all containers used for collecting and storing recyclable materials and organic materials (i) are affixed with or have adjacent to the container signs that display the appropriate information to enable users to clearly differentiate which containers are used for recyclable materials, organic materials, and garbage; (ii) display the name of the solid waste collector that provides collection service of the container; and (iii) ensure that users of the containers make efforts to minimize the contamination of material placed in the containers.

E. Distribute ordinance requirements and appropriate educational materials to all commercial generators, and multi-family generators, at the commercial facility or multi-family dwelling at least once each year. All new commercial generators, and multi-family generators, shall receive this information upon occupancy, employment, or contracting. Educational materials shall include (i) the requirement and procedures to ensure the accurate segregation of recyclable materials and organic materials from garbage; (ii) the commercial generator's, and multi-family generator's responsibilities regarding compliance with this chapter; and (iii) the types and location of recyclable materials, organic materials, and garbage containers.

F. Ensure that instructions or training materials provided to commercial generators, and multi-family generators are promptly made available to the city upon request.

G. Ensure that the contents of the recyclable materials and organic materials containers are not collected for garbage disposal unless the contents of these containers include unacceptable levels of contamination. Solid waste customers shall be assessed a premium fee based on the size of the container for recyclable materials and organic materials containers that are collected for garbage disposal by the franchisee if the contents of their recyclable materials and organic materials containers contain unacceptable levels of contamination.

(Ord. No. 484-17, § 14, 8-22-2017)

Each commercial generator shall be responsible for ensuring and demonstrating its compliance with the requirements of this chapter. Each commercial generator shall:

A. Ensure the segregation of recyclable materials and, for food service establishments, organic materials from garbage by placing each type of material in a separate designated receptacle or container and ensure that employees, contractors, volunteers, customers, visitors, and other persons on site segregate recyclable materials and, for food service establishments, organic materials.

B. Provide an adequate number and type of labeled receptacles needed for segregating and storing recyclable materials and, for food service establishments, organic materials and provide adequate access to these receptacles.

C. Post and maintain signs containing information and instructions on the proper segregation and storage of recyclable materials and, for food service establishments, organic materials in areas where receptacles are located.

D. Ensure that all receptacles used for collecting and storing recyclable materials, organic materials, and garbage are affixed with signs or labels that display the appropriate information to enable users to clearly differentiate which receptacles are used for recyclable materials, organic materials, and garbage to minimize the contamination of material placed in receptacles.

E. Provide adequate instructions to employees, contractors, and volunteers of the requirements of this chapter, including (i) the requirement and procedures to ensure the segregation of recyclable materials and, for food service establishments, organic materials from garbage; (ii) the employee's, contractor's, and volunteer's responsibilities regarding compliance with this chapter; and (iii) the types and location of receptacles and containers for recyclable materials, organic materials, and garbage.

F. Ensure that instructions or training materials provided to employees, contractors, and volunteers are promptly made available to the city upon request.

G. Ensure that the contents of receptacles are deposited in the proper container and ensure that the contents of the receptacles for recyclable materials and organic materials are not delivered to garbage containers. Commercial generators shall be assessed a premium fee based on the size of the container for recyclable materials and organic materials containers that are collected for garbage disposal by the franchisee if the contents of their recyclable materials and organic materials containers contain unacceptable levels of contamination.

(Ord. No. 484-17, § 14, 8-22-2017)

Each multi-family generator shall:

A. Participate in programs covered by this chapter that require segregating recyclable materials from garbage and depositing them in designated containers provided by the solid waste customer or solid waste collector.

(Ord. No. 484-17, § 14, 8-22-2017)

A. Nothing in this chapter shall preclude any person, solid waste customer, commercial generator, and multi-family generator from self hauling recyclable materials or organic materials generated by that entity to a recycling or organics processing facility.

B. Self-haulers shall:

1. Comply with the requirements in this chapter by delivering for recycling those items that can be recycled by local recycling facilities; self-haulers that are also food service establishments shall comply by delivering for organics processing those items that are accepted by local organics processing facilities.

2. Provide proof of compliance with this chapter, upon request by the city; proof includes but is not limited to a receipt from a recycling or organics processing facility that clearly identifies the type and quantity of material delivered.

(Ord. No. 484-17, § 14, 8-22-2017)

A. Recycling and organic materials collectors shall obtain and maintain a business registration with the city.

B. Solid waste collectors shall keep separate garbage, recyclable materials, and organic materials that have been segregated into separate containers by commercial generators, or multi-family generators.

C. Solid waste collectors shall ensure that segregated recyclable materials are delivered to a recycling facility and that segregated organic materials are delivered to an organics processing facility, except that a container that contains unacceptable levels of contamination may be delivered for garbage disposal if the solid waste collector notifies the city of the occurrence; the date of the occurrence; and the account name, primary contact, phone number, billing address, and service address for the solid waste customer at which the container is located.

D. Within five days of request by the city, solid waste collectors shall provide progress reports providing the following information, at a minimum:

1. Total number of solid waste customers to whom the solid waste collector currently provides garbage, recyclable materials, and organic materials collection service within the city's boundaries;

2. For each solid waste customer, the account name, identifying number, primary contact, phone number, billing address, and service address;

3. Information on the type of collection service provided, such as garbage, recyclable materials, or organic materials services;

4. The weekly volume and type of collection service provided, including the number, type, and size of containers serviced and the days of service for each container;

5. Name and location of the solid waste facilities where materials are delivered for processing;

6. List of accounts not in compliance with this chapter, including whether they are excluded or exempt based on the exemptions in Sections 4[8.06.090] and 5[8.06.100].

(Ord. No. 484-17, § 14, 8-22-2017)

Solid waste customers that subscribe to less than two cubic yards of garbage collection service per week shall be excluded from the requirements of this chapter.

(Ord. No. 484-17, § 14, 8-22-2017)

Solid waste customers, and commercial generators that can document using the methods described in subsection C of this section that the circumstances described in subsections A and B of this section pertain to their operations shall be exempt from the requirements of this chapter:

A. No Generation of Recyclable Material. Solid waste customers, and commercial generators may be exempt from the requirements of this chapter if the solid waste customer, or commercial generator demonstrates to the city that no recyclable materials or organic materials are generated on site.

B. Space Constraints and Zoning Considerations.

1. Solid waste customers may be exempt from the requirements of this chapter if the city determines that either:

a. There is inadequate space for a solid waste customer to store containers for recyclable materials or organic materials on site and that it is infeasible for the solid waste customer to share recyclable materials or organic materials containers with adjacent commercial facilities or multi-family dwellings; or

b. Compliance with this chapter will result in violating city zoning or other regulations.

2. Commercial generators, and multi-family generators may be exempt from the requirements of this chapter if the city determines that either:

a. The solid waste customer that is responsible for managing solid waste for the commercial generator, or multi-family generator is excluded or exempt from providing containers for recyclable materials or, for food service establishments, organic materials; or

b. There is inadequate space for the commercial generator to store receptacles for recyclable materials or organic materials on site and that it is infeasible for the commercial generator to deposit recyclable or organic materials directly into containers without an intermediate receptacle; or

c. Compliance with this chapter will result in violating city zoning or other regulations.

C. Verification of Exemption. The solid waste customer, or commercial generator shall petition the city with a written request for an exemption documenting the circumstances of a claimed exemption. The city may visit the solid waste customer's, or commercial generator's site; examine the receptacles for garbage, recyclable materials, or organic materials; or take other actions to verify the circumstances identified in the petition. The solid waste customer, or commercial generator requesting an exemption shall not be granted an exemption from the requirements of this chapter if the city determines that (i) recyclable materials or organic materials are generated on site, (ii) it is feasible for containers and receptacles for recyclable materials and, as necessary, for organic materials to be placed on site, and (iii) it is feasible to share recycling containers with an adjacent commercial facility, or multi-family dwelling. The city may impose an administrative fee on petitioning entities to cover the costs of processing such petitions. The city may require the solid waste customer, or commercial generator that is granted an exemption from the requirements of this chapter to submit a renewal of its petition for an exemption every two years from the date the exemption was granted by the city.

(Ord. No. 484-17, § 14, 8-22-2017)

The city or its designee is authorized to administer and enforce the provisions of this chapter. To the extent permitted by law, the city or its designee may inspect any collection container at a commercial facility, or multi-family dwelling and any solid waste collector's load for garbage, recyclable materials, or organic materials. To the extent permitted by law, the city or its designee may also inspect the premises of any commercial facility, or multi-family dwelling to determine compliance with the provisions of this chapter.

(Ord. No. 484-17, § 14, 8-22-2017)

The schedule for enforcement of this chapter shall be implemented in accordance with the timeline specified in Table 1:

TABLE 1

(Ord. No. 484-17, § 14, 8-22-2017)