City of Industry Municipal Code Art. III Bins, Collection and Equipment

All owners or occupants of commercial or residential premises and all persons and entities involved in deconstruction, demolition and construction within the city are required under this chapter to arrange for solid waste collection with the collector and to keep readily accessible to the collector, one or more bins provided by the collector and of adequate size and quantity, so as to be capable of holding without spilling all solid waste accumulated on the commercial and/or residential premises between the time of two successive collections. All solid waste generated or accumulated on the commercial and/or residential premises shall be deposited in said approved bins.

The city reserves the right from time to time to review and determine the collection option that will allow the city to meet the diversion requirements as prescribed therein of this chapter. Commercial uses, including multi-family residential dwellings shall subscribe to a program as determined by the jurisdiction and generators shall place materials into the bins as follows in this article.

(Ord. 818 § 3, 2022)

Commercial uses shall subscribe to a program as determined by the jurisdiction and generators shall place materials into the bins as follows:

A. Two-container collection service:

1. Green Container. Generators shall place only source separated organic waste, including food waste in a green container.

2. Gray Container. Except for organic waste and food waste, generators shall place all other solid waste and recyclable materials in a gray container.

B. All solid waste or recyclable solid waste generated or accumulated on the commercial premises shall be deposited in said approved bins. The city shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(Ord. 818 § 3, 2022)

Residential uses shall subscribe to a program as determined by the jurisdiction and generators shall place materials into the bins as follows:

A. Three-and three-plus-container collection service:

1. Green Container. Generators shall place only source separated organic waste, including food waste in a green container.

2. Blue Container. Generators shall place only source separated recyclable materials in a blue container.

3. Gray Container. Except for organic waste and food waste, generators shall place all other solid waste materials in a gray container.

B. All solid waste or recyclable solid waste generated or accumulated on the residential premises shall be deposited in said approved bins. The city shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(Ord. 818 § 3, 2022)

Except multi-family residential dwellings, commercial businesses under Section 8.20.150 of this chapter are to provide containers for the collection of source separated organic waste, and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Commercial businesses are not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this article prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Containers shall have labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container.

(Ord. 818 § 3, 2022)

A. The jurisdiction may waive a commercial business's obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material. Commercial businesses requesting an organic recycling waiver shall:

1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted below:

2. Provide documentation that either:

a. The commercial business's total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than twenty gallons per week per applicable container of the business's total waste; or

b. The commercial business's total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten gallons per week per applicable container of the business's total waste.

3. Notify the jurisdiction if circumstances change such that the commercial business's organic waste exceeds threshold required for the waiver, in which case the waiver will be rescinded.

4. Provide written verification of eligibility for a de minimis waiver every five years, if the jurisdiction has approved a de minimis waiver.

B. The jurisdiction may waive a commercial business's or property owner's obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the jurisdiction has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements. A commercial business or property owner may request a physical space waiver through the following process:

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

2. Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.

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

(Ord. 818 § 3, 2022)

All solid waste to be collected shall be set out or placed by the owner or occupant of a residential or commercial property as follows:

A. Residential Property.

1. Where a residential property is contiguous to a paved alley, all articles for collection shall be set out or placed at one and the same location at the alley or property line;

2. Where the residential property is not contiguous to a paved alley, all articles for collection shall be set out or placed at one and the same location in the public parkway or at the curbline;

3. No solid waste shall be set out for collection except that which is accumulated on the residential premises from which the collection is made, by the owners or occupants of said premises in the use of the premises;

B. Commercial Property. Each owner or occupant of a commercial property shall place all solid waste originating from such property in bins provided by the collector. Such bins shall be placed at the rear of such properties, or if the premises are so situated that the collector is unable to collect at such location, then at the sides of such properties if space is available at such location. Under no circumstances shall the bins be pushed to the front of the property or curbside for pickup. Bins may be located within industrial properties where necessary to accommodate plant operation. All solid waste shall be placed in such bins and not upon or around the same. Solid waste shall not be compacted in bins furnished by the collector by any mechanical means without permission of the collector. The owner or occupant of commercial or industrial property shall arrange with the collector for as many collections per week as shall be necessary, but in no case less than one time per week to remove all such solid waste from said property as frequently as the bin becomes filled.

(Ord. 818 § 3, 2022)

The collector shall:

A. Collect solid waste from every residential property, commercial property in the city with respect to which collection arrangements are made by the owner or occupant thereof;

B. Make collections of such solid waste on the dates and between the hours specified in the written franchise agreement with the city or in resolution or ordinance from time to time adopted by the city council, or in schedules to be approved by the city manager when the franchise agreement so provides;

C. Provide and maintain adequate equipment and vehicles including standby vehicles with adequate capacity and provide all labor and services necessary to perform the duties assumed by the collector;

D. Provide a collection and disposal service in such a manner as to prevent any leakage or dropping of garbage or refuse on private property or upon the streets, ways and public places within the city;

E. Maintain all of collector's collection equipment in a uniformly painted condition with a uniform color scheme with the name of the collector and the number of the truck or motor vehicle engaged in collections, in a manner approved by the city manager;

F. Dispose promptly of all garbage or refuse in sanitary dumps or other disposal points approved by the governmental agency having jurisdiction thereof;

G. Provide containers on casters of a size, shape and construction approved by the city manager for all residential, industrial and commercial property occupants utilizing collector's collection services;

H. Provide an office and telephone service at all times between the hours of eight a.m. and four p.m., Monday through Friday, and eight a.m. to twelve noon on Saturday to enable prompt response to all calls and action upon all requests and instructions pertaining to the collection of solid waste;

I. Provide at collector's expense public liability and property damage insurance covering liability for not less than ten million dollars for personal injuries including death of one person, ten million dollars on account of any one accident, and property damage of not less than ten million dollars. The company and policy shall be subject to the approval of the city attorney, and a copy thereof shall be kept on file in the office of the city clerk at all times during the terms of collector's contract;

J. Deliver to the city a good and sufficient surety bond in the amount of fifty thousand dollars to secure the full, true and faithful performance by the collector of the provisions of this chapter and of the terms of the franchise agreement between the collector and the city. Such bond shall be kept in full force and effect at all times during the term of the franchise agreement and shall be subject to the approval of the city attorney.

K. In no event shall the collector charge, collect or receive any sums in excess of the rates approved by the city manager for collector's services under this chapter.

(Ord. 818 § 3, 2022)

The collector shall provide for the collection and disposal of solid waste from all residential property within its assigned or designated area at least once each calendar week and from commercial properties as provided in the contract or franchise. The city manager shall have charge and supervision of such collection and removal, and shall approve the routes and days as proposed by the collector for the collection so as to conform to the provisions of this chapter. When such routes and days of collection are established or changed, the city manager shall be given notice thereof.

(Ord. 818 § 3, 2022)

Collection vehicles used by collectors, within the city shall comply with the requirements of this section and shall conform to the highest industry standards and all provisions of the California Vehicle Code. The city reserves the right to inspect or cause the inspection of any collection vehicles.

(Ord. 818 § 3, 2022)

The city shall recognize the bi-annual inspection of terminal "BIT Program" performed by the California Highway Patrol for all collection vehicles operating within city limits for the purpose of executing the provisions herein. Satisfactory rating certificates demonstrating ''BIT Program" compliance for each collector or salvage collector shall be filed with the city clerk. Any collector or salvage collector utilizing a third party hauler shall comply with the provisions of the Motor Carriers of Property Permit Act, California Vehicle Code Sections 34600 et seq., and shall have on file with the city clerk a common carrier permit as required therein.

(Ord. 818 § 3, 2022)

All collection vehicles shall at all times be kept clean, in good repair and painted to the satisfaction of the city and shall comply with all measures and procedures promulgated by agencies having jurisdiction. All collection vehicles shall be cleaned on a regular basis.

(Ord. 818 § 3, 2022)

Each collection vehicle shall be so constructed and utilized so as to prevent any solid waste, oil, grease or other liquid from blowing, falling. or leaking out of the collection vehicle onto any public right-of-way or any residential, or commercial, property whether or not the property has been established for public or private use.

(Ord. 818 § 3, 2022)

All solid waste shall be transported by means of vehicles equipped with watertight bodies fitted with close fitting metal covers so as to prevent any leakage, spillage or offensive odor to emit from the contents thereof. Should any solid waste be dropped or spilled in collecting, transferring or transporting, it shall be immediately cleaned up. Sufficient equipment to contain or clean any of the collection vehicle's contents which may have been allowed to escape the inner body of the vehicle shall be carried on each truck at all times for such purpose.

(Ord. 818 § 3, 2022)

Each vehicle used for the collection, hauling and disposal of solid waste shall be equipped with an audible warning device that is activated when the vehicle is backing up.

(Ord. 818 § 3, 2022)

Should the city at any time give notification in writing to the collector that any designated collection vehicle does not comply with the standards of this chapter, such vehicle shall forthwith be removed from service by the collector and not again so used herein until inspected and approved in writing by the city.

(Ord. 818 § 3, 2022)