Coalinga Municipal Code Ch. 2 Garbage, Refuse, Rubbish, Waste and Recycling Materials

Footnotes:

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Note— Prior ordinance history: 327, 513, 545, 610, 611 and 624.

Editor's note— Ord. No. 849, adopted Jan. 6, 2022, amended Chapter 2 in its entirety to read as herein set out. Former Chapter 2, §§ 6-2.01—6-2.49, pertained to similar matter, and derived from Ord. No. 681, § 1, adopted May 2, 2003; Ord. No. 717, §§ 1, 2, adopted Oct. 20, 2006; Ord No. 738, §§ 1, 2, adopted Sept. 7, 2008; Ord. No. 800, § 1, adopted June 17, 2017.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Blue container" has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials.

"CalRecycle" means California's Department of Resources Recycling and Recovery.

"California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this article are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

"City" shall mean the City of Coalinga.

"City Council" shall mean the City Council of the City of Coalinga.

"City Manager" shall mean the City of Coalinga City Manager, his or her designee as well as the employees working under his or her supervision.

"Collection" means the operation of gathering together and transporting solid waste to the point of disposal.

"Commercial business" or "Commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five (5) units is not a commercial business for purposes of implementing this article.

"Commercial edible food generator" includes a tier one or a tier two commercial edible food generator as defined in Sections 3(rrr) and 3(sss) of this article or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).

"Construction rubbish" shall include brick, stone, cement, mortar, drywall, concrete, asphalt, asphalt/concrete paving materials, demolished or discarded building materials, rubble, or other debris incident to the construction or demolition of buildings and/or public highways, streets, bridges, parking lots, roadways, alleys, water lines, sewer lines, natural gas lines, electrical power lines, other utilities or other public infrastructure.

"Commercial units" means any commercial business or establishment including, but not limited to hotels, motels, offices and professional buildings, and retail establishments of all kinds including supermarkets, filling stations, restaurants, eateries, department stores and variety stores.

"County" means the County of Fresno.

"Container" shall mean residential, commercial, industrial, institutional and government cans, bins, dumpsters approved and provided by the City, City Contract Agent, licensee, franchisee or permittee for the accumulation and collection of garbage, refuse, rubbish, hazardous waste, household hazardous waste, construction rubbish, recyclable materials, green waste or any other solid waste from any premises within the City.

"Container contamination" or "Contaminated container" means a container, regardless of color, that contains prohibited container contaminants.

"C&D" means construction and demolition debris.

"Construction or demolition waste" shall mean solid waste material resulting from building construction, alteration, repair, demolition, including brick, stone, cement, lumber, plaster, and drywall; packaging or rubble resulting from construction, remodeling, repair and demolition operations on pavements or residential, commercial, industrial, institutional and governmental buildings and other structures.

"Contract agent" shall mean, if the City Council determines to award such a contract to a private agency, an agent or employee of an agent of the City, or any person thereof with whom the City shall have duly contracted, under the terms hereinafter set out in the provisions of this chapter, and under the provisions of the laws of the State, with amendments thereto, to collect, transport through the public highways, streets, roads, alleys or public ways of the City, and dispose of and/or recycle green waste, garbage, refuse, rubbish and/or recyclable materials within the City corporate limits.

"Customer" shall mean each owner and/or occupant of each building, lot or parcel in the City from which refuse, rubbish, garbage, recyclable materials or green waste are generated or which refuse, rubbish, garbage, recyclable materials, or green waste are required to be collected pursuant to this chapter.

"Designee" means an entity that a jurisdiction contracts with or otherwise arranges to carry out any of the jurisdiction's responsibilities of this article as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.

"Disabled customer" shall mean anyone who has applied at the City and has been designated as a "Disabled Customer" by the City, because he or she has provided adequate documentation and has been determined by the City as meeting one or more of the following criteria:

(1) Has been found to be permanently handicapped by the California Department of Motor Vehicles; or

(2) Has been found to be totally and permanently disabled by the Social Security Administration under any of their programs including, but not limited to, the Social Security Disability Insurance Program under Title II of the Social Security Act and including, but not limited to the Supplemental Security Income Program under Title XVI of the Social Security Act; or

(3) Has been determined to be permanently disabled by any branch of the military or Veterans' Administration; or

(4) The City Manager or his designee has determined that the individual is disabled based on the statement of a licensed physician.

No customer shall be designated as a "disabled customer" if there is an able bodied person residing at the customer's house.

"Development" shall mean any new or existing project, facility or building, the users of which generate waste within and/or on the property.

"Disposal" shall mean the complete operation of treating and disposing of accumulations of refuse and of the product or residue arising from such treatment.

"Dump" shall mean to discard or relinquish control or possession of, and includes any act of littering.

"Dwelling unit" shall mean a residential, single-family dwelling and each separate apartment dwelling of a duplex, triplex or fourplex up to and including four (4) apartments, including upstairs, basement, garage or detached apartment or housing units. The term does not include commercial units, industrial units or institutional users.

"Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this article or as otherwise defined in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this article or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.

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

"Excluded waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the jurisdiction and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in Jurisdictions, or its designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose jurisdiction, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

"Facility" shall mean something that is installed or established to serve a particular purpose.

"Food recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 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 Section 18982(a)(25), including, but not limited to:

(1) A food bank as defined in Section 113783 of the Health and Safety Code;

(2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,

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

A Food recovery organization is not a commercial edible food generator for the purposes of this article and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this article.

"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 Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this article and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

"Food scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.

"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 Section 18982(a)(27).

"Food-soiled paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, and pizza boxes.

"Food waste" means food scraps and food-soiled paper.

"Garbage" shall mean and include:

(1) Solid wastes as defined in California Public Resources Code Sections 40191 and 49503.

(2) Every accumulation of waste, animal, vegetable and/or other matter that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter, including, but not by way of limitation, used cans and other food containers, all putrefactive or easily decomposable waste, animal or vegetable matter which is likely to attract flies or rodents, and other noxious or offensive matter or material, usually and ordinarily referred to as garbage or market refuse. It includes all kitchen and table leavings or waste, offal, swill, all discarded accumulations of animal vegetable or other matter resulting from the preparation or consumption of food or foodstuffs.

(3) Refuse or rubbish accumulations with the exception of anything which meets the definition of recyclable materials, green waste, household hazardous waste, hazardous waste, infectious waste or construction rubbish as set forth herein.

"Green waste" shall mean cut shrubbery, trees, shrubbery trimmings, dead flowers, grass cuttings, dead plants, grass clippings, weeds, vines, brush, leaves, dead trees or branches thereof, chips, shavings, sawdust, straw, and other similar organic material which may be effectively composted and other forms of organic matter generated from landscapes and gardens, separated from other forms of solid waste.

"Green waste collection program" shall mean the program by which the City collects green waste from residential, commercial, industrial, institutional and government customers of garbage collection services. The collection of green waste shall be by a service schedule which may be separate from those for the pickup of garbage and recyclable materials.

"Gray container" has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste.

"Gray container waste" means solid waste that is collected in a gray container that is not acceptable for placement in a blue or green container as part of a three-container collection service.

"Green container" has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.

"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 owned 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 Section 18982(a)(30).

"Inspection" means a site visit where a jurisdiction reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this article, or as otherwise defined in 14 CCR Section 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 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. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this article.

"Large venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this article and implementation of 14 CCR, Division 7, Chapter 12, 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. For purposes of this article and implementation of 14 CCR, Division 7, Chapter 12, 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. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this article.

"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 Section 18982(a)(40).

"Multi-Family residential dwelling units" or "multi-family" shall mean from or pertaining to residential premises with five (5) or more dwelling unit. Multi-family premises do not include hotels, motels or other transient occupancy facilities, which are considered commercial businesses.

"Hazardous waste" shall mean:

(1) Any substance which has been determined to be a hazardous substance such that it cannot be disposed of in the County's landfill and is required by County ordinance, State law, Federal law or by County, State or Federal regulations to be transported to a specialized disposal facility set aside for hazardous waste. Hazardous wastes include but are not limited to household hazardous wastes.

(2) A waste, or combination of wastes, which because of its quality, concentration, or physical, chemical, or infectious characteristics may do either of the following:

(a) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or

(b) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

(3) All waste defined or characterized as hazardous waste by the Federal law in 42 USC 3251 et seq., as amended, and all future amendments thereto, or regulations promulgated hereunder; or

(4) All waste defined by agencies of the State of California (including without limitation the Department of Health Services and the California Waste Management Board) having jurisdiction over hazardous waste generated by facilities within such state, provided that the term "hazardous waste":

(a) Is intended to mean and include those substances that are not normally expected to be disposed of by generally accepted sanitary landfill disposal methods.

(b) Shall include radioactive wastes.

(c) Shall be construed to have the broader, more encompassing definition where there exists a conflict in the definitions employed by two (2) or more governmental agencies having concurrent or overlapping jurisdiction over hazardous waste.

"Household hazardous waste" shall mean any waste produced by a household that contains an ingredient listed in the Code of Federal Regulations Chapter 40 part 261.33(e) or 261.33(f), or that exhibits characteristics of ignitability, corrodibility, reactivity (e.g., an oxidizer) toxicity, or infectiousness. Empty containers retaining residues of household hazardous waste include, but are not limited to, each of the following: household cleaners, pesticides, batteries, wood preservatives, automobile polish, furniture polish fertilizers, automotive products, adhesives and sealants, paints and coatings, photographic chemicals, swimming pool chemicals, and used oils.

"Industrial units" shall mean any business establishment engaged in manufacturing, warehousing, construction, and/or demolition or other similar activity.

"Infectious waste" shall mean solid waste capable of producing an infection or pertaining to or characterized by the presence of pathogens or medical waste regulated by the California Health and Safety Code Section 117600 et seq. It includes, but is not limited to certain wastes generated by medical practitioners, hospitals, nursing homes, medical testing labs, mortuaries, taxidermists, veterinarians, veterinary hospitals, medical testing labs, and any waste that includes animal wastes or parts from slaughterhouses or rendering plants.

"Material recovery facility" shall mean a solid waste facility where source-separated recyclable materials are processed and recovered. It shall mean any property and/or facility that the City shall designate at any time to be used for the recycling of any or all recyclable materials that are accumulated through the City recyclable program.

"Non-compostable paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

"Notice of violation (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 Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

"Organic waste" includes green waste and food waste.

"Organic waste generator" means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

"Permittee, licensee or franchisee" shall mean any person or solid waste enterprise who accumulates, collects, transports or disposes of any form of garbage, refuse, rubbish, hazardous waste, household hazardous waste, infectious waste, construction rubbish, recyclable materials, green waste or any other solid waste, for compensation pursuant to a City Council-granted permit, license, contract or franchise issued under this chapter.

"Person" shall mean and include individuals, companies, firms, corporations, partnerships, trusts, associations or combinations thereof.

"Premises" shall mean any single-family residential, multifamily residential, industrial, commercial, retail, institutional or governmental properties of any kind, or any other dwelling, building or vacant property where solid waste is generated or accumulates for disposal.

"Prohibited container contaminants" means the following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the jurisdiction's blue container; (ii) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the jurisdiction's green container; (iii) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in jurisdiction's green container and/or blue container; and, (iv) excluded waste placed in any container.

"Public highway" shall mean any public street, alley, road, walkway, public place or highway open to and used by the traveling public and not used as a private right-of-way.

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

"Recyclables" means those materials that by way of collecting, sorting, cleansing, treating, and reconstituting materials would otherwise become solid waste, and by processing can be returned to the economic main stream in the form of raw materials for new, reused, or reconstituted products. Recyclables include, but are not limited to, newsprint, mixed paper, aluminum, plastics, glass, metal, cardboard, chip board, junk mail, magazines, newspaper, books, computer paper, and the like.

"Recycling" shall mean the process of collecting, sorting, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream as defined in the California Public Resources Code Section 40180.

"Recyclable material" shall mean solid waste material such as newspapers, printed matter, paper products, aluminum cans, other cans, glass, beverage containers, bottles, plastic containers, paste board, corrugated cardboard and other items that through a process of collecting, sorting, cleansing, treating and reconstituting is returned to the economic mainstream in the form of raw material for new, reused, remanufactured, reprocessed or reconstituted products which meet the quality standards necessary to be used in the market place.

"Recycling program" shall mean the program by which the City collects recyclable materials from residential, commercial, industrial, institutional and government customers of garbage, refuse, rubbish or green waste collection services. The collection of recyclable materials shall be by a service schedule that may be separate from those for the pickup of garbage, refuse, rubbish and green waste.

"Recycling station" shall mean any property and/or facility that is used or designated to be used at any time for the recycling of any or all recyclable materials including green waste materials.

"Refuse" shall mean all solid waste, including, but not limited to all rubbish, construction rubbish, recyclable materials, garbage, green waste, and household hazardous waste as defined in this chapter or as defined in California Public Resources Code Sections 40191 and 49503.

"Remote monitoring" means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

"Residential customer" shall mean the owner or/and occupant of a one-family dwelling unit and/or multifamily dwelling units.

"Residential units" shall mean all dwelling units including one-family residential dwelling units, multifamily residential units, apartments, condominiums, planned unit developments or any other dwelling units occupied or used by people for living, sleeping and other domestic activities.

"Recycling" shall mean the process by which material that would otherwise be disposed of is collected and reused to make another product after its first use is completed and for which a market is identified for the collected materials.

"Recoverable material" shall mean material which is capable of being retrieved or diverted from disposal or transformation for the purpose of recycling, reuse, and composting. Recoverable material does not include those materials generated from and reused on-site for manufacturing purposes.

"Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

"Route review" means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

"Rubbish" shall mean all solid waste material, both combustible and noncombustible, consisting of waste wood, wood products, mattresses, rubber, plastics, clothing, rags, shoes, boots, carpets, linoleum, oil cloth, waste pulp, glass, crockery, bottles, shelves, cans, wire, products used for packaging, or wrapping, building and yard sweepings, old metals, mineral or metallic substances, earth, rock, ashes, cinders, water heaters, furnaces, furniture, washers, dryers, refrigerators, televisions, radios, or other waste material or other discarded, abandoned or useless matter which by its presence or accumulation may injuriously affect the health, comfort, safety or convenience of any portion of the community by increasing the danger of disease, injury or damage to person or property, or hazard by fire; and shall include all other organic or inorganic matter rejected, abandoned or discarded by the owners or producers thereof as useless or offensive. Rubbish does not include wastes and other materials, including, but not limited to, objects not easily moved by one man, such as discarded automobile bodies, other bulky or heavy objects, manure or offal or waste from animal yards.

"SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

"SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this article, 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.

"Scavenge" shall mean the unauthorized removal of any recyclable materials or solid waste without a permit under this chapter.

"Self-Hauler" means a person, who hauls solid waste, he or she has generated using the generator's own equipment.

"Solid waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as 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 semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.

(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).

(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State 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 State Public Resources Code.

"Source reduction" shall mean efforts taken to minimize the quantity of waste generated and entering the waste stream.

"Source reduction/recycling plan" shall mean a written policy approved by the City describing how waste reduction and recycling is to be accomplished within a residential, commercial, industrial, institutional, governmental development or facility.

"Source separated" means the segregation, by the generator, of materials designated for separate collection for some form of recycling, processing, recovery, or reuse.

"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), 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 Section 18982(a)(71).

"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 10,000 square feet.

(3) Food service provider.

(4) Food distributor.

(5) Wholesale food vendor.

If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this article.

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

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

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

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

(4) Large venue.

(5) Large event.

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

(7) A local education agency facility with an on-site food facility.

If the definition in 14 CCR Section 18982(a)(74) of tier two (2) commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this article.

"Waste" shall mean the unwanted by product of residential use or of commercial, industrial, institutional or governmental operations.

(Ord. No. 849, eff. 1-6-2022)

All buildings, lots, places, and premises in the City shall continuously be kept, by the owners, managers or occupants thereof, in a clean and sanitary condition.

(Ord. No. 849, eff. 1-6-2022)

It is hereby declared to be a nuisance and it shall be unlawful for any owner or person to dump, use, suffer or permit to be used any building, lot or premises owned, occupied, or controlled by him or her in the City, for the throwing, dumping or depositing garbage, refuse, rubbish, hazardous waste, household hazardous waste, construction rubbish, infectious waste, green waste including depositing of table refuse, offal, swill, night soil, slops, accumulation of animal, vegetable or other matter that is: (1) liable to become putrid; or (2) attends the preparation, consumption, decay, dealing in or storage of meats, fish, fowl, fruits, vegetables, animals, offal, ashes or cans.

(Ord. No. 849, eff. 1-6-2022)

It is hereby declared to be a nuisance and it shall be unlawful for any person to cause, suffer or permit the carcass of any animal to remain upon any lot, premises, building or place owned, controlled, managed or occupied by him or her in the City, for a period of twenty-four (24) hours, or to cause or suffer any animal or animal byproduct liable to become putrid, to collect or be deposited upon any lot, building, premises owned, controlled, managed or occupied by him or her.

(Ord. No. 849, eff. 1-6-2022)

It shall be unlawful for any person to place, throw, deposit, dump or stand any paper, cans, bottles, broken glass, ash, tree accumulations, refuse, trash, rubbish, garbage upon any public or private alley, street or public grounds within the City or cause the same to be so done; except that recycled materials and green waste may be deposited in proper containers or properly bundled for the purpose of having the same collected by the City or by an authorized contract agent, licensee, franchisee or permittee in accordance with this Code.

(Ord. No. 849, eff. 1-6-2022)

It shall be unlawful for any person to place or cause to be placed in any refuse receptacle or public collection container owned by the City of Coalinga and located upon any public street or public place any waste matter originating within or upon any private property, provided, however, that pedestrians or other persons using the said street or public place shall be permitted to deposit in said receptacle or container miscellaneous small articles of waste matter carried by them.

(Ord. No. 849, eff. 1-6-2022)

(a) Littering. No person shall throw, deposit, leave, keep or permit to be thrown, deposited, placed, left or maintain any refuse, rubbish, garbage or other discarded or abandoned objects, articles, or other litter in or upon any street, alley, sidewalk, storm drain system, or business place, or upon any public or private plot of land in the City so that the same might become a pollutant, except in containers or in lawfully established solid waste facilities. The occupant or tenant or, in the absence of occupant or tenant, the owner or proprietor of any real property in the City in front of which, there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained as required for the disposal of solid waste.

(b) Depositing litter in waterbody. No person shall throw or deposit litter in any fountain, pool, lake, stream, river, or any other body of water in a park or elsewhere within the corporate limits of Coalinga.

(c) Property owner responsible. Every person occupying or having charge and control of property on which a prohibited disposal of waste materials occurs shall cause the proper collection and disposal of the same.

(d) Public danger. No person shall dispose of solid waste materials that creates a danger to public health, safety and welfare and otherwise threatens the environment, surface waters, and groundwater; therefore, any owner or occupant of property who fails to remove waste material within a reasonable time may be charged with creating a nuisance upon the property.

(Ord. No. 849, eff. 1-6-2022)

It shall be unlawful for any person to bury or permit to be buried, any refuse, rubbish, construction rubbish, garbage, hazardous waste, household hazardous waste or infectious waste. It shall not be unlawful for a person to bury green waste if green waste has either been ground up for the purpose of composting or mulching or is of such a type or texture that grinding up or chipping is not necessary in order to compost and/or mulch the green waste back into the soil.

(Ord. No. 849, eff. 1-6-2022)

It shall be unlawful for a person to scavenge or permit to scavenge any refuse, rubbish, construction rubbish, garbage, hazardous waste, household hazardous waste, infectious waste, recyclable materials or green waste in the City.

(Ord. No. 849, eff. 1-6-2022)

Except for permitted burns in those areas zoned for agriculture it shall be unlawful for any person to burn any refuse, rubbish, garbage, hazardous waste, household hazardous waste, infectious waste, recyclable materials or green waste. It is hereby declared to be a nuisance and it shall be unlawful for any person to burn or suffer or permit to be burned, upon any premises owned, occupied or controlled by him in the City, any bone, feathers, offal, flesh, hair or other substance in such a manner as to cause odors or gas therefrom to taint the air and render it unwholesome or injurious to the health, or offensive to the senses of the inhabitants of the City. It shall be lawful for a person to burn refuse, rubbish, garbage, green waste or other solid pursuant to a permit first obtained from the Fire Chief and under the conditions imposed by such permit.

(Ord. No. 849, eff. 1-6-2022)

Special arrangements must be made and special permits must be issued by the County, State of California, or Federal agencies for the disposal of any of the following items: Ammunition, explosives, industrial waste, chemicals, infectious wastes, hazardous waste, radioactive waste, acids, drugs, medicines, human feces, unwrapped animal feces, and items which are too large for the collection equipment or which may damage the collection machinery such as large pieces of metal and machine parts.

(Ord. No. 849, eff. 1-6-2022)

(a) Exclusive right of the City. The accumulation, collection, removal, transportation and disposal of garbage, rubbish, refuse, hazardous wastes, household hazardous wastes, infectious wastes, construction rubbish, recycling materials, green wastes and other solid wastes as well as public street sweeping services, shall be controlled by the City for the protection of the public health, safety and welfare and reduce the danger of fire and conflagration, limit sources of noise, control vermin and vectors, mitigate environmental impacts including the reduction of air pollution and to promote economies and efficiencies in the delivery of municipal services in the City. The City Council finds that, a comprehensive City-operated and controlled system for the periodic accumulation, collection, removal, transportation and disposal of garbage, rubbish and refuse, the recycling of recyclable materials, the sweeping of the public streets, and the collection, removal, transportation and disposal of green waste, from all property in the City is essential and benefits all occupants and owners of premises in the City. The City reserves to itself the exclusive right to accumulate, collect, transport and dispose of, or cause to be accumulated, collected, transported and disposed of, all offal, swill, refuse, garbage, rubbish, recycling materials, green waste materials, debris and all other solid waste produced or found within the corporate limits of the City of Coalinga. It is hereby declared to be unlawful for any person, except as provided by the City Council under a City-granted contract, permit, license or franchise to accumulate, collect, transport or dispose of offal, refuse, garbage, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious wastes, recycling materials, green wastes, debris, or any other solid wastes produced or found within the City limits.

(b) Collection categories. The City Council or City Manager may determine solid waste management collection categories, whether single-family residential, multifamily residential, industrial, institutional, governmental, and may make or impose requirements in connection with the issuance of any City contract, permit, license or franchise.

(Ord. No. 849, eff. 1-6-2022)

(a) Contracts, permits, franchises and licenses. The City Council may grant contracts, permits, franchises and licenses for the accumulation, collection, transportation and disposal of garbage, refuse, rubbish, hazardous waste, household hazardous waste, infectious waste, construction rubbish, recyclable materials, green waste and other solid waste within the City limits upon such terms and conditions as the City Council may from time to time determine to be in the best interest of the City, and consistent with State and Federal law. No person shall accumulate, collect, transport and dispose of any garbage, refuse, rubbish, hazardous waste, household hazardous waste, infectious waste, construction rubbish, recyclable materials, green waste or other solid waste within the City limits without applying for and receiving all permits required by the City, State or Federal governments.

(Ord. No. 849, eff. 1-6-2022)

(a) Application. Any person desiring to obtain a contract, permit, franchise or license for the accumulation, removal, collection, transportation or disposal of garbage, refuse, rubbish, hazardous waste, household hazardous waste, infectious waste, recyclable materials, green waste or other solid waste within the City shall sign and file an application with the City and pay a permit application fee established by resolution by the City Council. Each application shall be filed with City and shall include, but not be limited to the following information:

(1) The name and address of the applicant.

(2) The type and approximate tonnage of garbage, refuse, rubbish, hazardous waste, household hazardous waste, infectious waste, construction rubbish, recyclable materials, green waste or other solid waste to be collected in each of the applicable areas: Single-family residential, multifamily residential, industrial, commercial, institutional and government units.

(3) For hazardous waste, household hazardous waste and infectious waste, written proof that the person has obtained insurance coverage as required by the City Manager or City Attorney and all necessary permits from the County, State of California and Federal agencies for the accumulation, removal, collection, transportation or disposal of such waste.

(4) A source reduction and recycling plan with details and time frame for implementation on how the City contract agent, licensee, franchisee or permittee will provide the programs to its customers as required by the City and State of California and includes a plan to achieve the reduction or diversion of solid waste to achieve a fifty (50) percent diversion rate through source reduction, recycling and composting.

(5) Technical, instructional, promotional and educational programs to achieve the diversion rates required by the City and State of California.

(6) Special solid waste programs.

(7) Other information or additional financial information from the applicant, including, but not limited to, the right to audit financial records, or require a performance bond, or other suitable evidence of financial responsibility.

(8) Certified copy of the applicant's last fiscal year financial report, audited by a certified public accountant.

(b) When the application has been received, it shall be considered and approved by the City-authorized staff person. The decision by the City staff may be appealed to the City Manager whose decision shall be final.

(Ord. No. 849, eff. 1-6-2022)

Any person owning, managing or operating a business to accumulate, collect, transport or dispose of refuse, garbage, rubbish, offal, construction rubbish, hazardous waste, household hazardous waste, infectious wastes, recycling materials, green wastes, debris, or any other solid wastes produced or found within the City limits must obtain a business license from the City.

(Ord. No. 849, eff. 1-6-2022)

It shall be unlawful for any City contract agent, permitee or any person engaged in or carrying on the business of collecting, removing, transporting garbage, refuse, rubbish, offal, construction rubbish, recycling materials, household hazardous wastes, hazardous wastes, infectious wastes, green wastes to charge any person any sum of money in excess of the prices set forth by the City.

(Ord. No. 849, eff. 1-6-2022)

(a) Compliance with laws and regulations. Any person with whom the City contracts, licenses, franchises or permits to dispose of garbage, refuse, rubbish, household hazardous waste, hazardous waste, infectious wastes, construction rubbish, recyclable materials, green waste materials or any other solid waste shall accumulate, remove, transport and dispose of all such material in strict compliance with all applicable Federal, State, County, and City health and environmental laws, ordinances, rules and regulations, and under the supervision and to the satisfaction of the City Manager and City Council.

(b) Equipment requirements. Vehicles used by the City contract agents or permittees for solid waste collections shall be in safe and operable condition. Vehicles shall be painted with the firm name on each side. No materials shall leak, fall or be spilled from any such vehicle or container attached thereto. Vehicles shall be equipped with shovels, brooms to clean up spillage. Equipment bodies shall be metal and watertight. Vehicles must pass City-approved inspections and meet applicable air quality and vehicle emissions standards. Truck bodies shall be closed when used to transport solid waste, hazardous waste or infectious waste contents to places of disposal or separation for recycling. Vehicles shall be operated in such manner as to minimize their exterior noise levels in the City. Vehicles must conform to the California Vehicles Code and all other applicable laws and are subject to inspection at any time by the City or the California Highway Patrol.

(c) Vehicle permits. Each vehicle required to have a permit pursuant to this chapter must pass a California Highway Patrol Biannual Inspection for each vehicle or other inspection approved by the Public Services Coordinator. Proof of inspection is required to be submitted to the City twice per year. Failure to pass the vehicle inspection may result in denial or revocation of a contract, permit, license or franchise.

(d) Container maintenance. All City contract agents, licensees, franchisees and permittees shall maintain their containers to present a well-kept appearance and ensure that the container area is left clean of debris and refuse after pickup or delivery. User shall be responsible for the cleanliness of the containers and sanitary conditions of the surrounding area between services.

(e) Source reduction and recycling requirements. All City contract agents, licensees, franchisees and permittees shall comply with the solid waste source reduction and recycling provisions of this chapter and shall submit monthly reports to the City from a State- or County-certified weighing facility documenting the gross tonnage collected and net tonnage diverted. The City reserves the right to randomly select trucks to have weighed by a state-certified facility to ensure compliance. All costs for random weight measurements will be borne by the contract agent, licensee, franchisee or permittee.

(Ord. No. 849, eff. 1-6-2022)

Every person owning, occupying or managing a building, lot, premises or developed parcel shall subscribe to the garbage, refuse, rubbish, recycling materials and green waste collection service from the City whether the owner or occupant uses the garbage collection services or not. All such occupants are made liable for the garbage collection charges, recycling program charges, public street sweeping program charges, green waste collection program charges or any other charges penalties and fines established by the City Council by resolution. Each owner or occupant shall pay at least the minimum rate established for such services.

(Ord. No. 849, eff. 1-6-2022)

It shall be unlawful for any person to hinder, threaten, impede, obstruct in any manner or to interfere with the accumulation, collection, removal, transportation or disposition of refuse, rubbish, garbage, household hazardous wastes, hazardous wastes, infectious wastes, construction rubbish, recyclable materials, green wastes or other solid wastes by the City or any person authorized by license, contract, permit or franchise to accumulate, collect, remove, transport and dispose of the same.

(Ord. No. 849, eff. 1-6-2022)

(a) Street collection service. For those parts of the City in which alley collection service is not applicable and street collection service is required:

(1) Customers shall be responsible for placing garbage, refuse and rubbish containers at the curb line by 6:00 a.m. in the location determined by the City, on collection days.

(2) Residential customers shall be responsible for placing recyclable material containers or green waste bundles at the curb line by 6:00 a.m., at the location determined by the City, on collection days.

(3) Residential customers may use a container for green wastes or shall bundle recyclable materials or green wastes as hereinafter specified on collection days.

(4) In all cases of dispute and complaints arising as to the place where the garbage, refuse and rubbish containers or recycling containers shall be placed awaiting removal thereof, the Public Services Coordinator shall forthwith designate the place for the same. The decision of the Public Services Coordinator may be appealed to the City Manager whose decision shall be final.

(b) Alley collection service. For those parts of the City where alley collection service is applicable:

(1) Residential customers shall be responsible for placing garbage, refuse and rubbish containers at the property line by 6:00 a.m. in through alleys, on the side of the alley designated in advance by the City, on collection days.

(2) Residential customers shall be responsible for placing recyclable material and green waste containers or green waste bundles at the property line by 6:00 a.m. at the location designated by the City, in through alleys on collection days.

(3) Residential customers may use a container for green wastes or shall bundle green wastes as hereinafter provided.

(4) In all cases of dispute and complaints arising as to the place where the garbage, refuse and rubbish containers or recycling materials containers shall be placed awaiting removal thereof, the Public Services Coordinator shall forthwith designate the place for the same. The decision of the Public Services Coordinator may be appealed to the City Manager whose decision shall be final.

(5) The lids of all containers shall be completely closed to prevent the spillage of contents during collection.

(c) Bundle regulations. Bundles of cardboard, papers, magazines, tree limbs, brush and other green waste material must be tied with a heavy compostable cotton cord strong enough to act as a handle or may be placed in acceptable containers. Any such bundle or item may not exceed four (4) feet in length, twelve (12) inches in diameter or weigh in excess of sixty (60) pounds.

(d) City property. From the time of the placement of garbage, refuse, rubbish, recyclable materials, green waste at the curbside, property line or other designated collection locations or in any container used for recycling or other solid wastes provided by the City, contract agent, licensee, franchisee or permittee, said recyclable materials or other solid wastes shall be and become property of the City or City-authorized agent.

(e) Disabled customer. The City shall, upon request, transport garbage containers, recyclable materials containers green waste containers and/or green waste bundles from the front of the dwelling unit to the curb or alley site described above, for individuals who qualify as being disabled customers. Disability will be determined based on an application made to the City, not by a contract agent, if any. The City will provide the contract agent, if any, with an updated list of people who have been determined by the City to be disabled customers.

(Ord. No. 849, eff. 1-6-2022)

(a) Collection frequency. The City Council shall determine the frequency of collection service.

(b) Collection times. All customers shall place the collection containers at their City-designated location(s) not later than 6:00 a.m. on the collection day and no sooner than twenty-four (24) hours before collection day.

(c) Empty collection containers. No empty solid waste collection container shall be allowed to remain at the curb after 8:00 a.m. on the day after collection day.

(Ord. No. 849, eff. 1-6-2022)

(a) Collection containers. For all residential dwelling unit customers receiving collection, the City shall, at no cost to the existing customers provide at the time of passage of the ordinance codified in this chapter:

(1) One automated can for nonrecyclable solid waste, of a type which has a lid, a handle on the one side and wheels on the bottom on the same side so that it can be rolled easily along smooth pavement. Such cans shall be kept in a sanitary condition by the owners thereof and shall at all times be secure against access of flies to the contents thereof.

(2) One bin or can for recyclable materials.

(3) One bin or cans for green waste materials.

(b) Collection container lids. The lids of all containers shall be completely closed to prevent the spillage of contents during collection.

(c) Collection container regulations. The following regulations shall apply to collections containers:

(1) No live or hot coals, ashes, or other things, which can cause a fire in a collection vehicle shall be placed in or with any solid waste or recyclable material container set out for collection. Cold ashes and coals placed for collection shall be container in such manner as to retard their blowing and flying on being emptied into the collection vehicle.

(2) No human or animal excrement shall be placed for collection by the City, except that solid animal excrement may be placed in a solid waste container if securely wrapped in paper or nonporous wrapper, or contained in a closed bottle or can.

(d) Collection interference. No person, other than City employees, City contract agents shall interfere in any manner with any container, or the contents thereof, nor move any such container or remove the contents thereof, from the location where the container is placed.

(e) Containers for new construction. The following regulations shall apply to all multifamily residential, commercial, industrial, institutional, and governmental new construction.

(1) Every contractor or builder engaged in the erection of a building or a structure shall provide a receptacle at or near such building or structure so being erected or repaired, within which construction materials shall be deposited to be removed by persons engaged in such work of erection or repair.

(2) The applicant shall pay the City the cost of providing one automated can and one or two recyclable materials containers or cans as described in this section as a condition to the issuance of a building permit for a new residence.

(f) Additional containers. No additional automated cans for non-recyclable solid waste will be permitted or allowed to be provided to the customer.

(g) Replacement container. If the residential customer needs a replacement automated can or recyclable material containers originally provided by the City, then the customer will be provided a replacement automated can or recyclable material containers by the City but will have to pay for the containers.

(h) Container storage. No garbage, refuse, rubbish containers or designated recyclable material or green waste containers shall be stored in the front yard. City designated garbage recyclable material or green waste containers may be stored in the alley for alley pick up customers.

(i) Container identification. Notwithstanding anything to the contrary in this section, customers shall be entitled to place their address on the containers using indelible ink.

(Ord. No. 849, eff. 1-6-2022)

(a) Frequency of collection. The collection of garbage, refuse, rubbish, recyclable materials, green waste or other solid wastes shall be made as many times per week as the City Manager, Public Services Coordinator or their designees may order from all multifamily residential units, industrial units, commercial units, institutional units and governmental units.

(b) Collection containers. The City shall provide an automated can, dumpster or other containers approved by the Public Service Coordinator to all multifamily residential dwelling units, industrial units, institutional units, commercial units, institutional units, and governmental units at the time of the passage of the ordinance codified in this chapter. Such cans shall be kept in a sanitary condition by the owners thereof and shall at all times be secure against access of flies to the contents thereof.

(c) Collection container lids. The lids of all containers shall be completely closed to prevent the spillage of contents during collection.

(d) Collection container regulations. The following regulations shall apply to collections containers:

(1) No live or hot coals, ashes, or other things, which can cause a fire in a collection vehicle shall be placed in or with any solid waste or recyclable material container set out for collection. Cold ashes and coals placed for collection shall be contained in such manner as to retard their blowing and flying on being emptied into the collection vehicle.

(2) No human or animal excrement shall be placed for collection by the City, except that solid animal excrement may be placed in a solid waste container if securely wrapped in paper or nonporous wrapper, or contained in a closed bottle or can.

(e) Container location disputes. In all cases of dispute and complaints arising as to the place where the garbage, refuse, rubbish green waste containers or recycling containers shall be placed awaiting removal thereof, the Public Services Manager shall forthwith designate the place for the same. The decision of the Public Services Coordinator may be appealed to the City Manager whose decision shall be final.

(f) Containers for new construction. The following regulations shall apply to all multifamily residential, commercial, industrial, institutional, and governmental new construction.

(1) Every contractor or builder engaged in the erection of a building or a structure shall provide a receptacle at or near such building or structure so being erected or repaired, within which construction materials shall be deposited to be removed by persons engaged in such work of erection or repair.

(2) On all developed parcels for multifamily residential uses, commercial uses, industrial uses, institutional uses and government uses not currently having solid waste collection service, the applicant for a building permit shall pay to the City the cost of providing the appropriate containers and bins.

(g) Replacement container. If the customer needs a replacement automated can, dumpster or recyclable material containers originally provided by the City, then the customer will be provided a replacement automated can or recyclable material containers by the City, but will have to pay for the containers.

(h) Collection interference. No person, other than City employees, City contract agents shall interfere in any manner with any container, or the contents thereof, nor move any such container or remove the contents thereof, from the location where the container is placed.

(i) Bundle regulations. Bundles of cardboard, papers, magazines, tree limbs, brush and other green waste material must be tied with a heavy compostable cotton cord strong enough to act as a handle or may be placed in acceptable containers. Any such bundle or item may not exceed four (4) feet in length, twelve (12) inches in diameter or weigh in excess of sixty (60) pounds.

(j) Container storage. No garbage, refuse, rubbish containers or designated recyclable material or green waste containers shall be stored in the front yard or side yard on a street, unless the containers are screened from public view. No containers containing garbage, refuse, rubbish, green waste, other solid waste or recyclable material shall be stored or placed for collection within a public highway, walkway, roadway, or any other traveled way, except that alleys may be used for these purposes if such use does not interfere with the alley use by vehicles.

(k) City property. From the time of the placement of garbage, refuse, rubbish, recyclable materials, green waste at the curbside, property line or other designated collection locations or in any container used for recycling or other solid wastes provided by the City, contract agent, licensee, franchisee or permittee, said recyclable materials or other solid wastes shall be and become property of the City or City-authorized agent.

(Ord. No. 849, eff. 1-6-2022)

Until solid wastes are collected, the owner, occupant, or other person in charge of the day-to-day operation of each premises in the City shall be responsible for the immediate cleanup of any solid waste that is spilled, leaked, emptied, discarded or disposed of into the environment or which has otherwise come to be located outside the container. This responsibility applies as follows:

(a) Occupants. The owner, occupant, or other person in charge of the day-to-day operation of each premises, shall immediately undertake to cleanup at the point in time when a spill or release has occurred due to any circumstances, whether by human or animal interference with the container, wind or other natural forces, or residual solid waste remaining following collection or removal.

(b) Transporters. Any person removing, collecting, or transporting solid wastes (including City crews) shall:

(1) Use vehicle and conveyances so constructed as to be absolutely dust-proof, and so arranged as not to permit dust or other matter to shift through or fall upon the streets and alleys. The contents of such conveyances must be further protected so as to prevent the same from being blown upon the streets, alleys and adjacent properties.

(2) Transport all wet solid waste in watertight containers with proper covers, so that the solid waste shall not be offensive and every such container shall be kept clean and the solid waste so loaded that none of it shall fall, drop or spill to or on the ground, sidewalk or pavement.

(3) Undertake immediate cleanup at the point in time when a spill or release has occurred due to the removal or transport of solid waste.

(c) City cleanup expenses. Any and all costs and expenses incurred by the City or on the City's behalf in investigating and cleaning a spill or a release of solid waste not properly or timely cleaned up under this chapter by the owner, occupant or transporter or other responsible party, may be assessed against such responsible persons, including all administrative expenses and legal fees and costs incurred by the City in investigating and cleaning the spill or release.

(Ord. No. 849, eff. 1-6-2022)

(a) Unauthorized use of containers and service locations. No person shall deposit garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, recyclable materials or green wastes or other solid waste in the container of another person, or set out solid waste for collection at another person's service location, premises, building or lot. No customer shall permit or consent to another person depositing garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste or recyclable materials, green wastes or other solid wastes in his container or setting out the above items in this section for collection at his service location, premises, building or lot.

(b) Temporary service locations. The City may establish temporary collection service locations where the City has knowledge of construction, demolition or other temporary obstacles that prevent the use or access to permanent service locations.

(Ord. No. 849, eff. 1-6-2022)

Tree surgeons, professional tree trimmers and lawn and landscaping service providers shall haul away and dispose of all tree trimmings and other green waste accumulated by them to the City-designated green waste recycling facility.

(Ord. No. 849, eff. 1-6-2022)

The City, contract agent or permitee shall have the right to enter private courts or places or other private property of single-family dwellings, multifamily dwellings or industrial, commercial, institutional or governmental units to make collections authorized under this chapter.

(Ord. No. 849, eff. 1-6-2022)

(a) Charges set by resolution. Monthly collection charges for industrial units, commercial units, multifamily units, institutional units and government units shall be set by resolution of the City Council.

(b) Separate billings for co-located businesses. Industrial units, commercial units, multifamily units, institutional units and government units occupying the same space in a building shall each be subject to the same established charges as if at separate locations as adopted by the City Council by resolution.

(Ord. No. 849, eff. 1-6-2022)

(a) Charges on utility bill. Collection charges, including the costs of the public street-sweeping program, shall be included on the regular City water, sewer, natural gas utility bill to persons. Where the customer does not have a City utility services, a separate bill for garbage, refuse, rubbish and recyclable materials service shall be mailed monthly to the person who owns or controls the premises served.

(b) Payment application. All bills for collection service charges on the utility bills shall be due and payable at the same time as set by the City Manager or the City utility bills. Any payments received by the City for the payment of utility bills shall be applied to the outstanding balances of service charges in the following order: (1) street light assessments; (2) street sweeping charges; (3) garbage, refuse and rubbish charges; (4) sewer service charges; (5) natural gas charges; and (6) water service charges.

(c) Service charges not part of utility bills. All bills for collection service charges, which are not a part of the City utility bill, shall become delinquent in the same manner as regular City utility bills. If a bill for collection services is not paid within such time, the City may discontinue service for nonpayment of the bill, in which case service shall not be restored until the bill is paid in full.

(d) Penalties and late fees. If payment is not received within the billing period that the charge is made, the Finance Department may charge late fees and penalties as determined by resolution of the City Council. A dishonored check shall not be considered payment received.

(Ord. No. 849, eff. 1-6-2022)

(a) Recycling required under State law. The City must by law be in compliance with Assembly Bill 939 (California Integrated Waste Management Act of 1989) as outlined in the California Public Resources Code Sections 40000 et seq. ("Act"). This law requires all cities and counties to reduce the amount of waste going to the landfill by twenty-five (25) percent by 1995 and fifty (50) percent by the year 2000. Fines of up to ten thousand dollars ($10,000.00) per day may be levied by the State against the City for failure to meet these State-mandated recycling goals. To comply with the law and reduce waste going to the landfill, it is necessary that all existing and future residential, multifamily, industrial, commercial, institutional and government units and facilities implement plans to reduce and recycle all solid wastes.

(b) Mandatory source reduction and recycling policies. The City has adopted mandatory source reduction and mandatory recycling policies as contained in this chapter and other policies, procedures, rules and regulations that may from time to time be issued or amended by the City Council or the City Manager.

(Ord. No. 849, eff. 1-6-2022)

(a) Mandatory recycling. All owners and occupants of single-family residential dwelling units are required to separate garbage, recyclable materials and green waste materials and place them in appropriate City-approved containers as required under this chapter so that the City can meet its State mandate of fifty (50) percent solid waste diversion under Assembly Bill 939 (California Integrated Waste Management Act of 1989) as outlined in the California Public Resources Code Sections 40000 et seq.

(b) Collection subscription. The owners and occupants of all single-family dwelling units shall subscribe to the City curbside garbage and recycling collection program within seven (7) days of occupying their residential dwelling unit.

(c) Co-mingling of recyclable materials prohibited. Co-mingling recyclable materials in the same container as garbage, refuse, rubbish, green waste or other nonrecyclable solid wastes shall be an infraction punishable by a fine or penalty set by resolution of the City Council.

(d) Source reduction and recycling education. The City will work with the owners and occupants of single-family residential units to encourage solid waste source reduction, diversion and recycling. Such City activities may include sending out notices, advertising in local publications, conducting workshops, obtaining formal commitments from residential owners, policing diversion rates, establishing penalties and taking enforcement actions for failing to comply with the solid waste reduction, diversion and recycling programs of the City.

(e) Fines and penalties. The City Council may establish fines and penalties by resolution for failure to engage in recycling or placing garbage or recyclable materials in the same container.

(Ord. No. 849, eff. 1-6-2022)

(a) Mandatory recycling. All owners, managers and occupants of multifamily, industrial, commercial, institutional and governmental units and facilities are required to separate garbage, recyclable materials and green waste materials and place them in appropriate City-approved containers as required under this chapter so that the City can meet its state mandate of fifty (50) percent solid waste diversion under Assembly Bill 939 (California Integrated Waste Management Act of 1989) as outlined in the California Public Resources Code Sections 40000 et seq.

(b) Collection subscription. All owners or managers of multifamily, industrial, commercial, institutional and governmental units and facilities must subscribe to the City's garbage and recycling collection program within seven (7) days of occupancy of their units.

(c) Container location. All owners or managers of multifamily, industrial, commercial, institutional and governmental units and facilities shall provide a location for the placement of garbage and recycling containers that are convenient for tenants and approved by the City. Containers must be on a concrete pad so that container wheels will roll and in a location that will allow collection trucks to pickup the container contents without having a City employee roll out the container from the storage area.

(d) Container contamination. It is unlawful for the owner or manager of a multifamily, industrial, commercial, institutional or government unit or facility, to have unrecyclable material present in any recyclable materials container or green waste container serving their complex, business, institution, organization or unit.

(e) Source reduction and recycling education. The City will work with the owners, managers of multifamily, industrial, commercial, institutional and governmental units and facilities to encourage solid waste source reduction, diversion and recycling. Such City activities may include sending out notices, advertising in local publications, conducting workshops, obtaining formal commitments from businesses and institutions to recycle, policing diversion rates, establishing fines and penalties, identifying multifamily, commercial, industrial, institutional and governmental units that fail to comply with the solid waste reduction, diversion and recycling programs of the City and taking enforcement actions.

(f) Fines and penalties. The City Council may establish fines and penalties by resolution for failure to engage in recycling or placing garbage or recyclable materials in the same container.

(Ord. No. 849, eff. 1-6-2022)

(a) Source reduction and recycling. By a date designated by the City, all existing multifamily, industrial, commercial, institutional and government units and facilities as well as other developments over five thousand (5,000) square feet shall design and implement City-approved source reduction/recycling plans for white paper, computer paper, glass, cans, cardboard, paper products, and other recoverable materials as determined by the City or State of California.

(b) New development. All new development, new multifamily, industrial, commercial, institutional and government units and facility occupancies requiring City approval, and physical expansions of buildings or uses exceeding five thousand (5,000) square feet shall submit to the City a source reduction/recycling plan addressing white paper, computer paper, glass, cans, cardboard, paper products and other recoverable materials as determined by the City or State of California. The proposed source reduction/recycling plan shall be submitted for approval to the City at the time of filing a development application.

(c) Multifamily development common areas. Multifamily residential development of any size shall include a plan for recycling recyclable materials and green waste in the design of common areas.

(d) Source reduction and reporting. Any licensee, franchisee, permittee or contract agent acting pursuant to this chapter or contract with the City shall provide and implement a source reduction/recycling plan for its customers to comply with State law and the programs specified in the City for source reduction and recycling plans, and submit monthly (or as otherwise determined by the City) reports to the City summarizing its progress in diverting solid waste generated by its customers in the City as required by the California Public Resources Code Section 41870 and 41821. The reports must identify the tonnage collected, tonnage recycled, tonnage composted, percent of waste recycled and/or composted, materials recycled, and the progress and programs implemented during the reporting period.

(e) Fees. The City Council may establish fees by resolution to review and approve source reduction/recycling plans.

(Ord. No. 849, eff. 1-6-2022)

(a) Threshold for covered projects. The threshold for mandatory recycling of construction and demolition waste is as follows:

(1) All construction and renovation projects within the City, the valuation of which are, or are projected to be, greater or equal to twenty thousand dollars ($20,000.00) shall comply with this section. The cost of the project shall be the valuation ascribed to the project by the City's Building Inspector or the City's Public Works Department. In addition, all demolition projects having a total square footage of more than one thousand (1,000) shall be a covered project. Failure to comply with any of the terms of this section shall subject the project applicant to the full range of enforcement mechanisms as set forth in this chapter.

(2) All City-sponsored construction and renovation projects within the City, the costs of which are, or are projected to be, greater or equal to twenty thousand dollars ($20,000.00) shall comply with this section. The cost of the project shall be the valuation ascribed to the project by the City's Building Inspector or the City's Public Works Department. In addition, all City-sponsored demolition projects having a total square footage of more than one thousand (1,000) shall be a covered project. These City-sponsored covered projects shall submit a recycling plan to the designated compliance official prior to beginning any construction activities and shall be subject to all applicable provisions of this section with the exception of enforcement mechanisms and penalties as set forth in this chapter.

(3) Applicants for construction, demolition and renovation projects within the City whose total costs are valued at less than twenty thousand dollars ($20,000.00) shall be encouraged to divert at least fifty (50) percent of all project-related construction and demolition debris.

(4) Compliance with the provisions of this section shall be listed as a condition of approval on any building or demolition permit issued for a covered project.

(b) Recycling plan application forms. Applicants for building or demolition permits involving any covered project shall complete and submit a recycling plan application which will be provided by the City at the time a permit is requested.

(c) Review of recycling plan.

(1) Notwithstanding any other provision of this Code, no building or demolition permit shall be issued for any covered project unless and until the City has approved the recycling plan. Approval shall not be required, however, where an emergency demolition is required to protect public health or safety as determined by the City.

(2) If the City determines that the recycling plan is incomplete or fails to indicate that at least fifty (50) percent by weight of all construction and demolition debris generated by the project, the recycling plan shall be returned to the applicant and marked "denied" or "further explanation required".

(d) Compliance with recycling plan. Prior to receiving a certificate of occupancy or final inspection for the project, the applicant shall submit to the City documentation that the diversion requirement for the project has been met. The diversion requirement shall be that the applicant has diverted at least fifty (50) percent of the total construction or demolition debris generated by the project via reuse or recycling, unless the applicant has been granted an infeasible exemption pursuant to the chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the City for the project. This documentation shall include all of the following:

(1) Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material.

(2) A copy of the previously approved recycling plan for the project adding the actual volume or weight of each material diverted and landfilled.

(3) Any additional information that the applicant believes is relevant to determining its efforts to comply in good faith with this section.

(e) Weighing and disposing of wastes. The City's authorized franchisee disposal company shall be responsible to pick up, weigh and dispose of all waste materials and construction debris in accordance with the approved recycling plan.

(f) Determination of compliance. The City shall review the information submitted under the provisions of this section and determine whether the applicant has complied with the diversion requirement, as follows:

(1) Full compliance. If the City determines that the applicant has fully complied with the diversion requirements applicable to the project, the City shall approve the recycling plan and inform the Building Inspector that a certificate of occupancy or final inspection can be issued.

(2) Substantial compliance. If the City determines that the diversion requirement has not been achieved, or the City has determined on a case-by-case basis whether the applicant has made a good faith effort to comply with this section. In making this determination, the City shall consider the availability of markets for the construction and demolition debris landfilled, the size of the project, and the documented efforts of the applicant to divert construction and demolition debris. If the City determines that the applicant has made a good faith effort to comply with this section, the City shall approve the recycling plan and inform the Building Inspector that a certificate of occupancy or final inspection can be issued.

(3) Noncompliance. If the City determines that the applicant has not made a good faith effort to comply with this section, or if the applicant fails to submit the documentation required by this section within the required time period, then the applicant shall pay a penalty in the amount calculated as two (2) percent of the total project valuation. After payment of the penalty, the City shall inform the Building Inspector that a certificate of occupancy or final inspection can be issued.

(g) Falsification of records. If the applicant deliberately provides false or misleading data to the City in violation of this section, the applicant may be subject to penalties in addition to those specified in this chapter. In any civil enforcement action, administrative or judicial, the City shall be entitled to recover its attorneys' fees and costs from an applicant who is determined by a court of competent jurisdiction to have violated this section.

(h) Infeasible exemption. The following procedures will be used to in applying for an infeasible exemption under this section:

(1) If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time he or she submits the recycling plan required under subsection (b) of this section. The applicant shall indicate on the recycling plan the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.

(2) The City shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways to meeting the diversion requirement. The City may request that staff from appropriate County, State and Federal agencies assist in providing information and in the review process.

(3) If the City determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the recycling plan submitted by the applicant. The City shall return a copy of the recycling plan to the applicant marked "Approved for Infeasible Exemption" and shall notify the Building Inspector and the Public Works Department that the recycling plan has been approved.

(4) If the City determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall have thirty (30) days to resubmit a recycling plan form in full compliance with subsection (b) of this section. If the applicant fails to resubmit the recycling plan, or if the resubmitted recycling plan does not comply with subsection (b) of this section, the City shall deny the recycling plan in accordance with the section.

(i) Appeals. An appeal to the decision made by a City staff member may be made to the City Manager not longer than ten (10) calendar days after the City staff member's decision. The decision of the City Manager shall be final. The applicant must specifically state in notice of appeal the following:

(1) The name and address of the appellant and the appellant's interest in the decision.

(2) The nature of the decision appealed and/or the conditions appealed from.

(3) A clear and complete statement of the reasons why, in the opinion of the appellant, the decision or the conditions imposed are unjustified or inappropriate.

(4) Specific facts of the matter in sufficient detail to notify the City. The appeal shall not be stated in generalities.

(j) Civil penalties and enforcement. If the City staff member, or upon appeal, the City Manager determines that the applicant is in noncompliance as described in this section, the applicant shall pay a civil penalty in the amount calculated at two (2) percent of the total project valuation. Until the civil penalty is paid, a certificate of occupancy may be withheld by the Building Inspector. The City Attorney is authorized to bring a civil action in any court of competent jurisdiction to recover such civil penalties for the City.

(Ord. No. 849, eff. 1-6-2022)

(a) City Council agreements to collect recyclable materials. The City Council may grant contracts, licenses, franchises, permits or enter into agreements with any person, firm, or corporation for the collection, processing, and marketing of recyclable materials from designated collection locations within the City limits upon such terms and conditions as the City Council may from time to time determine to be in the best interest of the City, and consistent with the provisions of State and Federal law. In such event it shall be unlawful for any person, firm, or corporation other than the licensed, franchised or permitted contractor to collect, process, or market recyclable materials. Such contract, license, franchise, permit or agreement may be revoked at any time by the City Council for noncompliance with the provisions of this article or for violation of such contract, license, permit, franchise or agreement.

(b) Disposal of recyclable materials. Nothing in the chapter shall limit the right of an individual to donate, sell, or otherwise dispose of his recyclable materials from his or her residential dwelling unit or shall limit the right of community nonprofit organizations (e.g., schools, churches, youth groups) to collect such donations.

(Ord. No. 849, eff. 1-6-2022)

Nothing in this chapter shall be deemed to prohibit the removal and hauling by an unlicensed person of materials considered by the City to constitute a health menace of such nature as necessary to be promptly removed.

(Ord. No. 849, eff. 1-6-2022)

It shall be unlawful for any person to engage in the business of owning, operating, managing or maintaining a material recovery facility or recycling station within the City unless such person complies with the provisions of this section:

(a) Diversion and recycling reports. Once each month or other time designated by the City and on a day to be designated by the City, every material recovery facility and recycling station located within the City shall report to the City Manager or his or her designee, the volume in tons of each of the following categories of materials which have been received by that material recovery facility or recycling station since the last report, from any source within the City:

(1) Metal (including aluminum cans, other cans and scrap metals).

(2) Glass (including both colored glass and clear glass).

(3) Paper products (including, but not necessarily limited to newspaper, cardboard, and other paper products).

(4) Plastics (including California Redemption Value (CRV) plastics and non-California Redemption Value (CRV) plastics.

(b) Other reports. Once each month or other time designated by the City, and on a day to be designated by the City, every material recovery facility and recycling station within the City limits shall report to the City Manager or his or her designee, the amount in tons of the recyclable materials which, the material recovery facility or recycling station has sent out of the City to the following destinations:

(1) Any landfill.

(2) Any secondary recycling location (recycled scrap metal dealer, metal fabricator, paper mill, etc.).

(3) Other locations, including, but not limited to, any facility that has the intention of burning the recyclable materials.

(c) Transportation and clean up. Any person engaged in such a business shall comply with the provisions of Section 6-2.23, in regard to the transportation and clean up of recyclable materials on City streets.

(d) Late fees and penalties. The City Council may establish late fees and other penalties by resolution for failure to submit the proper reports on time or the failure to submit complete reports.

(e) Legal compliance. Any person owning, operating, managing or maintaining a material recovery facility or recycling station within the City shall only operate the material recovery facility or recycling station on a parcel that has received site plan approval from the City and shall comply with all zoning, other applicable ordinances and land use regulations of the City of Coalinga.

(Ord. No. 849, eff. 1-6-2022)

It shall be unlawful for any person to engage in the business of owning, operating, managing or maintaining any commercial facility which has a purpose engaging in any business which accumulates, collects, transports or disposes of construction rubbish within the City unless such person complies with the provisions of this section.

(a) Reports. Once each month or other time designed by the City and on a day designated by the City, each such business that is located within the City shall report the construction rubbish that the business has collected within the City limits and which it has then disposed of in each of the following manners:

(1) Deposited in any landfill.

(2) Buried in any location other than a landfill or incinerated.

(3) Deposited at any location which has the intention of recycling the construction rubbish, including, but not limited, to any concrete plant, asphalt plant or any location which intends to reuse directly any of the materials within the construction rubbish.

(b) Transportation and cleanup. Any person engaged in such a business shall comply with the provisions of Section 6-2.23, in regard to the transportation and cleanup of construction rubbish on City streets.

(c) Late fees and penalties. The City Council may establish late fees and other penalties by resolution for failure to submit the proper reports on time or the failure to submit complete reports.

(d) Legal compliance. Any person owning, operating, managing or maintaining a commercial facility for the purpose of accumulating, collecting, transporting or disposing of construction rubbish within the City shall only operate the facility on a parcel that has received site plan approval from the City and shall comply with all zoning, other applicable ordinances and land-use regulations of the City of Coalinga.

(Ord. No. 849, eff. 1-6-2022)

It shall be unlawful for any person to engage in the business of owning, operating, managing or maintaining any commercial facility which has as a purpose engaging in any business which accumulates, collects, transports or disposes of household hazardous wastes within the City of unless such person complies with the provisions of this section:

(a) Reports. Once each month, or other time designated by the City and on a day to be designated by the City, each such business which is located within the City shall report to the City Manager or his or her designee, the volume, in tons, of the household hazardous wastes which the business has collected within the City limits and which it has then disposed of in each of the following manners:

(1) Deposited at any landfill.

(2) Buried in any location other than a landfill or incinerated.

(3) Deposited at any location which has the intention of recycling the household hazardous waste, including, but not limited to any recycling motor oil as well as the recycling of any insecticides and the recycling of any insecticides or other agricultural chemicals.

(b) Transportation and cleanup. Any person engaged in such a business shall comply with the provisions of Section 6-2.23, in regard to the transportation and cleanup of household hazardous waste on City streets.

(c) Late fees and penalties. The City Council may establish late fees and other penalties by resolution for failure to submit the proper reports on time or the failure to submit complete reports.

(d) Legal compliance. Any person owning, operating, managing or maintaining a commercial facility for the purpose of accumulating, collecting, transporting or disposing of household hazardous waste within the City shall only operate the facility on a parcel that has received site plan approval from the City and shall comply with all zoning, other applicable ordinances and land use regulations of the City of Coalinga.

(Ord. No. 849, eff. 1-6-2022)

It shall be unlawful for any person to engage in the business of owning, operating, managing or maintaining any commercial facility which has as a purpose engaging in any business which accumulates, collects, transports or disposes of hazardous wastes within the City of unless such person complies with the provisions of this section:

(a) Reports. Once each month or other time designated by the City, and on a day to be designated by the City, each such business which is located within the City shall report to the City Manager or his or her designee, the volume, in tons, of the hazardous wastes which the business has collected within the City limits and which it has then disposed of in each of the following manners:

(1) Deposited at any landfill.

(2) Buried in any location other than a landfill or incinerated.

(3) Deposited at any location which has the intention of recycling the hazardous waste, including, but not limited to any recycling motor oil as well as the recycling of any insecticides or other agricultural chemicals.

(b) Transportation and cleanup. Any person engaged in such a business shall comply with the provisions of Section 6-2.23, in regard to the transportation and cleanup of hazardous wastes on City streets.

(c) Late fees and penalties. The City Council may establish late fees and other penalties by resolution for failure to submit the proper reports on time or the failure to submit complete reports.

(d) Legal compliance. Any person owning, operating, managing or maintaining a commercial facility for the purpose of accumulating, collecting, transporting or disposing of hazardous wastes within the City shall only operate the facility on a parcel that has received site plan approval from the City and shall comply with all zoning, other applicable ordinances and land-use regulations of the City of Coalinga.

(Ord. No. 849, eff. 1-6-2022)

It shall be unlawful for any person to engage in the business of owning, operating, managing or maintaining any commercial facility which has as a purpose engaging in any business which accumulates, collects, transports or disposes of infectious wastes within the City of unless such person complies with the provisions of this section:

(a) Reports. Once each month or other time designed by the City, on a day to be designated by the City, each such business which is located within the City shall report to the City Manager or his or her designee, the volume, in tons, of the infectious wastes which the business has collected within the City limits and which it has then disposed of in each of the following manners:

(1) Deposited at any landfill.

(2) Buried in any location other than a landfill or incinerated.

(3) Deposited at any location which has the intention of recycling the infectious waste, including, but not limited to any recycling motor oil as well as the recycling of any insecticides or other agricultural chemicals.

(b) Transportation and cleanup. Any person engaged in such a business shall comply with the provisions of Section 6-2.23, in regard to the transportation and cleanup of hazardous waste on City streets.

(c) Late fees and penalties. The City Council may establish late fees and other penalties by resolution for failure to submit the proper reports on time or the failure to submit complete reports.

(d) Legal compliance. Any person owning, operating, managing or maintaining a commercial facility for the purpose of accumulating, collecting, transporting or disposing of infectious waste within the City shall only operate the facility on a parcel that has received site plan approval from the City and shall comply with all zoning, other applicable ordinances and land use regulations of the City of Coalinga.

(Ord. No. 849, eff. 1-6-2022)

It shall be unlawful for any person to engage the business of owning, operating, managing or maintaining any commercial facility which has as a purpose engaging in any business which collects green waste within the City unless such person complies with the provisions of this section.

(a) Reports. Once each month or other time designated by the City, and on a day designated by the City, each such business which is located within the City shall report to the City, the volume, in tons, of the green wastes which the business has collected within the City limits and which it has then disposed of in each of the following manners:

(1) Deposited in any landfill.

(2) Deposited at any location which has the intention of burning the green wastes, including, but not limited to, any co-generation plant.

(3) Deposited in other locations, including, but not limited to, any facility which had the intention of recycling the material for reuse (including, but not limited to, reuse by any form of composting or co-composting or as fertilizer or as soil amendments).

(b) Transportation and cleanup. Any person engaged in such a business shall comply with the provisions of Section 6-2.23, in regard to the transportation and cleanup of green wastes on City streets.

(c) Late fees and penalties. The City Council may establish late fees and other penalties by resolution for failure to submit the proper reports on time or the failure to submit complete reports.

(d) Legal compliance. Any person owning, operating, managing or maintaining a commercial facility for the purpose of accumulating, collecting, transporting or disposing of green waste within the City shall only operate the facility on a parcel that has received site plan approval from the City and shall comply with all zoning, other applicable ordinances and land use regulations of the City of Coalinga.

(Ord. No. 849, eff. 1-6-2022)

(a) Indemnification. All City contract agents, licensees, franchisees and permittees shall indemnify and hold harmless the City, its elected officials, appointed officials, officers, employees and volunteers from, any claims asserted against the City contract agent, licensee, franchisee or permitee or by third parties, arising out of personal injuries or property damage, including hazardous material clean up costs, fines and penalties, suffered by any such persons on account of the operations of the City contract agent, licensee, franchisee or permittee.

(b) Insurance. The contract agent, licensee, franchisee or permittee shall provide and maintain in effect, general liability bodily injury, property damage and environmental liability insurance with limits in an amount approved by the City Manager and the City Attorney and as set forth in the City contract, license, franchise or permit granted by the City Council. The City contract agent, licensee, franchisee or permittee shall have the City, its elected officials, appointed officials, officers, employees and volunteers named as additional insured under each of the aforementioned policies, and such policies shall be endorsed by the insurance carrier to require thirty (30) days' written notice to the City prior to any cancellation thereof. The City contract agent, licensee, franchisee or permittee shall furnish to the City policy endorsements evidencing that the insurance required hereunder is in effect and such policy endorsements shall be in a form approved by the City Attorney.

(c) Performance bond. A person engaged in performing such collection services shall file a performance bond in favor of the City in the sum and form approved by the City Manager and City Attorney to guarantee the faithful performance and compliance with the terms and conditions of City ordinances and the contract between the business and the City.

(Ord. No. 849, eff. 1-6-2022)

Any City contract, franchise, license or permit issued pursuant to this chapter shall not be assignable to any person whomsoever except by the written consent of the City Council. Upon a discontinuance of business by the person to whom such contract, license, franchise or permit is awarded, such license, franchise or permit shall be immediately taken up by the Public Services Coordinator or his or her designee.

(Ord. No. 849, eff. 1-6-2022)

(a) Grounds for revocation. A City contract, franchise, license or permit to accumulate, collect, transport, or dispose of garbage, refuse, rubbish, hazardous wastes, household hazardous wastes, construction rubbish, recyclable materials, green waste materials or other solid waste materials under the provisions of this chapter may be revoked for the following reasons:

(1) Violations of the provisions or the conditions of the City contract, franchise, license or permit issued by the City.

(2) Violations of Federal law, State law, City ordinances (including the City's business license ordinance and zoning ordinance), Federal regulations or State regulations.

(3) Improper or unsanitary accumulation, collection, transportation and disposal of solid wastes.

(4) Failure to meet the solid waste diversion requirements of Assembly Bill 939 (California Integrated Waste Management Act of 1989) as outlined in the California Public Resources Code Sections 40000 et seq.

(5) Failure to reports on time or to submit complete, accurate reports required by the City or State of California.

(b) Revocation procedures. The Public Services Coordinator may revoke a permit by issuing a written order to the permittee. The order shall state the grounds for such revocation, and that if proof of compliance is not provided to the Public Services Coordinator within fourteen (14) calendar days from the date of the written order, the permit will be revoked thirty (30) days from the date the written order was mailed. The order shall be mailed by certified mail to the contract agent or permittee. The written order shall be subject to appeal to the City Manager if the appeal is made within fourteen (14) days from the date of the written order. Upon revocation of a permit, the permittee shall cease all services subject to the permit within thirty (30) calendar days from the date the order is mailed by the City Manager. The City Manager may adopt regulations to implement the provisions of this section.

(Ord. No. 849, eff. 1-6-2022)

(a) Fees. In accordance with Division 30, Part 1, Chapter 1 of the Public Resources Code Section 40000 et seq., and other applicable law, the City Council by resolution may levy fees within the City for solid waste collection and management purposes, including, but not limited to, implementation of an integrated waste management plan; inspection, auditing, review and planning for solid waste, hazardous waste, household hazardous waste and infectious waste releases and spills. Such fees may include, but not be limited to, fees for the costs of preparing and implementing source reduction and recycling elements; household hazardous waste elements, nondisposal facility elements and integrated waste management plans.

(b) Fee waiver. The City Council may, at its election, waive any franchise, permit, or license fees, including, but not limited to, collectors of green waste. The City Council may exempt non-profit charities registered with the Attorney General of the State of California from permit and license requirements.

(Ord. No. 849, eff. 1-6-2022)

(a) Regulations and charges. Supplemental rules and regulations and future charges may be adopted by the City Council by resolution.

(b) Enforcement. The City Manager or his or her designees shall enforce the provisions of this chapter, and shall have the power to establish supplemental rules and regulations consistent within the provisions of this chapter or any supplemental rules and regulations adopted by the City Council governing the accumulation, collection, removal, transportation and disposal of garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste or infectious waste.

(c) Copies. Copies of such rules and regulations issued by the City Council or City Manager shall be maintained at all times in the Office of the City Clerk and shall be available for inspection by the general public.

(Ord. No. 849, eff. 1-6-2022)

To facilitate the enforcement of this chapter and to carry out the true intent thereof, it shall be lawful for the City Public Services Coordinator, Building Inspector, Code Enforcement Officer, Fire Chief, any Peace Officer or other City employee or official designated by the City Manager to enter any industrial unit, commercial units, multifamily unit including hotel, restaurant or public place or any yard or out building of any public place or private residence for the purpose of ascertaining the sanitary condition thereof, and the removal of unlawful or dangerous accumulations of refuse therein or thereon. The City Public Services Coordinator, Building Inspector, Code Enforcement Officer, Fire Chief, any Peace Officer or other City employee or official designated by the City Manager are hereby authorized and directed to enforce the provisions of this chapter, and any person denying or obstructing such entry or inspection shall be guilty of a misdemeanor.

(Ord. No. 849, eff. 1-6-2022)

(a) Conviction. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person and shall be punished accordingly. Such violation may be prosecuted by the City Attorney in the name of the people of the State or California, or redressed by civil action.

(b) Fines. Any person convicted of a violation of any section of this chapter shall be fined in a sum not exceeding one thousand dollars ($1,000.00) for any one offense and the person may be confined in jail for a period of not more than six (6) months, or both.

(c) Penalties. The City Council may establish penalties by resolution for violations of this chapter.

(d) Civil enforcement. As an alternative to criminal enforcement, the City of Coalinga has the independent authority of civilly enforcing any provisions of this chapter, to and including the authority to seek treble damages pursuant to California Code Section 66764. The City Manager and the City Attorney may invoke these remedies, or any of them, whenever he or she deems it appropriate.

(Ord. No. 849, eff. 1-6-2022)

Generators that are commercial businesses, including multi-family residential dwellings, shall:

(a) Subscribe to jurisdiction's three-container collection services. Jurisdiction shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the jurisdiction.

(b) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with jurisdiction's blue container, green container, and gray container collection service.

(c) Excluding multi-family residential dwellings, provide containers for the collection of source separated green container 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. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

(1) A body or lid that conforms with the container colors provided through the collection service provided by jurisdiction, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

(d) Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirement pursuant to 14 CCR Section 18984.9(b).

(e) To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the jurisdiction's blue container, green container, and gray container collection service.

(f) Excluding multi-family residential dwellings, periodically inspect blue containers, green containers, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

(g) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.

(h) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.

(i) Provide or arrange access for jurisdiction or its agent to their properties during all inspections conducted in accordance with this article to confirm compliance with the requirements of this article.

(j) Accommodate and cooperate with jurisdiction's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator's compliance with this article.

(k) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(l) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements in this article.

(Ord. No. 849, eff. 1-6-2022)

(a) De minimus waiver. City may waive a commercial business' obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this article if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described below. Commercial businesses requesting a de minimis waiver shall:

(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section (a)(2) below.

(2) Provide documentation that either:

(i) The commercial business' total solid waste collection service is two (2) cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than twenty (20) gallons per week per applicable container of the business' total waste; or,

(ii) The commercial business' total solid waste collection service is less than two (2) cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten (10) gallons per week per applicable container of the business' total waste.

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

(4) Provide written verification of eligibility for de minimis waiver every five (5) years, if jurisdiction has approved de minimis waiver.

(b) Physical space waiver. City may waive a commercial business' 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 of this article. 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 physical space waiver every five (5) years, if jurisdiction has approved application for a physical space waiver.

(Ord. No. 849, eff. 1-6-2022)

(a) Tier one commercial edible food generators must comply with the requirements of this Section 9 commencing January 1, 2022, and tier two (2) commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

(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) Contract with, or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or, (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

(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 jurisdiction's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

(5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

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

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

(iii) A record of the following information for each of those food recovery services or food recovery organizations:

(aa) The name, address and contact information of the food recovery service or food recovery organization.

(bb) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

(cc) The established frequency that food will be collected or self-hauled.

(dd) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

(d) Nothing in this article 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 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. No. 849, eff. 1-6-2022)

(a) Self-haulers shall source separate all recyclable materials and organic waste (materials that jurisdiction otherwise requires generators to separate for collection in the jurisdiction's organics and recycling collection program) generated on-site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2.

(b) Self-Haulers that are commercial businesses (including multi-family residential dwellings) shall keep a record of the amount of solid waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the jurisdiction. The records shall include the following information:

(1) Delivery receipts and weight tickets from the entity accepting the waste.

(2) The amount of material in cubic yards or tons transported by the generator to each entity.

(3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

(c) Self-Haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in Section 12(c) to jurisdiction if requested.

(d) A residential organic waste generator that self hauls organic waste is not required to record or report information in Section 12 (c) and (d).

(Ord. No. 849, eff. 1-6-2022)

(a) Jurisdiction representatives and/or its 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 article by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow jurisdiction to enter the interior of a private residential property for inspection.

(b) Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the jurisdiction's employee or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this article described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation of remote monitoring equipment (optional); or (ii) access to records for any inspection or investigation is a violation of this article and may result in penalties described.

(c) Any records obtained by a jurisdiction during its inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

(d) Jurisdiction representatives, its designated entity, and/or designee are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this article, subject to applicable laws.

(e) Jurisdiction 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. 849, eff. 1-6-2022)

(a) Violation of any provision of this article shall constitute grounds for issuance of a notice of violation and assessment of a fine by a jurisdiction Enforcement Official or representative. Enforcement actions under this article are issuance of an administrative citation and assessment of a fine. The jurisdiction's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this article and any rule or regulation adopted pursuant to this article, except as otherwise indicated in this article.

(b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. Jurisdiction may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. Jurisdiction may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of jurisdiction staff and resources.

(c) Responsible entity for enforcement.

(1) Enforcement pursuant to this article may be undertaken by the jurisdiction Enforcement Official, which may be the city manager or their designated entity, legal counsel, or combination thereof.

(2) Enforcement may also be undertaken by a Regional or County Agency Enforcement Official, designated by the jurisdiction, in consultation with jurisdiction Enforcement Official.

(i) Jurisdiction Enforcement Official(s) (and Regional or County Agency Enforcement Official, if using) will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met.

(ii) Jurisdiction Enforcement Official(s) (and Regional or County Agency Enforcement Official, if using) may issue notices of violation(s).

(d) Process for enforcement.

(1) Jurisdiction Enforcement Officials or Regional or County Enforcement Officials and/or their designee will monitor compliance with the ordinance randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring). Section ___ establishes jurisdiction's right to conduct inspections and investigations.

(2) Jurisdiction may issue an official notification to notify regulated entities of its obligations under the ordinance.

(3) For jurisdictions assessing contamination processing fees/penalties. For incidences of prohibited container contaminants found in containers, jurisdiction will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within ___ days after determining that a violation has occurred. if the jurisdiction observes prohibited container contaminants in a generator's containers on more than ___ (___) consecutive occasion(s), the jurisdiction may assess contamination processing fees or contamination penalties on the generator.

(4) With the exception of violations of generator contamination of container contents addressed under Section 17(d)(3), jurisdiction shall issue a notice of violation requiring compliance within sixty (60) days of issuance of the notice.

(5) Absent compliance by the respondent within the deadline set forth in the notice of violation, jurisdiction shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the jurisdiction's _______ policy/ordinance/guidelines.

Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the jurisdiction or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.

(e) Penalty amounts for types of violations. The penalty levels are as follows:

(1) For a first violation, the amount of the base penalty shall be fifty dollars ($50.00) to one hundred dollars ($100.00) per violation.

(2) For a second violation, the amount of the base penalty shall be one hundred dollars ($100.00) to two hundred dollars ($200.00) per violation.

(3) For a third or subsequent violation, the amount of the base penalty shall be two hundred fifty dollars ($250.00) to five hundred dollars ($500.00) per violation.

(f) Factors considered in determining penalty amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:

(1) The nature, circumstances, and severity of the violation(s).

(2) The violator's ability to pay.

(3) The willfulness of the violator's misconduct.

(4) Whether the violator took measures to avoid or mitigate violations of this chapter.

(5) Evidence of any economic benefit resulting from the violation(s).

(6) The deterrent effect of the penalty on the violator.

(7) Whether the violation(s) were due to conditions outside the control of the violator.

(g) Compliance deadline extension considerations. The jurisdiction may extend the compliance deadlines set forth in a notice of violation issued in accordance with Section 17 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 organic waste recycling infrastructure or edible food recovery capacity and the jurisdiction is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

(h) Appeals process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with jurisdiction's procedures in the jurisdiction's codes for appeals of administrative citations. Evidence may be presented at the hearing. The jurisdiction will appoint a hearing officer who shall conduct the hearing and issue a final written order.

(i) Education period for non-compliance. Beginning January 1, 2022 and through December 31, 2023, jurisdiction will conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if jurisdiction determines that organic waste generator, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this article and a notice that compliance is required by January 1,2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

(j) Civil penalties for non-compliance. Beginning January 1, 2024, if the jurisdiction determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this article, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to Section 17, as needed.

(Ord. No. 849, eff. 1-6-2022)