Commerce Municipal Code Ch. 6.11 Commercial Recycling

This chapter shall be known as "commercial recycling" and may be so cited.

(Ord. No. 677, § 1, 4-19-2016)

The purpose of the City of Commerce recycling program is to:

(1) Comply with the California Global Warming Solutions Act of 206 which requires all municipalities to adopt a Commercial Recycling Policy or Ordinance effective July 1, 2012;

(2) Establish requirements and a schedule for business participation in a state-mandated commercial recycling program;

(3) Reduce greenhouse gas emission associated with the mining and manufacturing of goods from virgin materials and with disposal operations at landfills;

(4) Promote and encourage recycling and conservation;

(5) Promote public education regarding solid waste management; and

(6) Provide exemptions for such reasons as zoning requirements, lack of storage space and lack of markets on non-generation of recyclable materials.

(Ord. No. 677, § 1, 4-19-2016)

As used in this chapter, the following definitions shall apply. For purposes of this chapter, these definitions shall supersede any other definitions of the same terms in this code.

"AB 939" means the State Recycling Law, the California Integrated Waste Management Act of 1989 (California Public Resource Code Section 40000 and following).

"AB 1826" means the state law regarding organic waste recycling (commencing with Section 42649.8).

"Agency" means the City of Commerce.

"Agency director" means the city administrator, including his or her designee.

"Authorized recycler" means any person or business entity which lawfully collects, accepts, transports or otherwise processes recyclable materials from generators for a fee or profit through a proper permit, business license, agreement or other regulatory structure or authorization issued by the agency.

"Business" means any commercial entity, including, but not limited to: proprietorship, firm, partnership, person in representative or fiduciary capacity, association, venture, trust, corporation which is organized for financial gain or for profit; non-profit or entity, or industrial or manufacturing restaurant, retail facility, office, markets, office buildings, hotels, motels, shopping centers, and theatres.

"Collect or collection" means to take physical possession of and remove solid waste or recyclable materials at the place of generation.

"Commercial facility(ies)" means any facility(ies) that is not a residential facility, including, but not limited to, a commercial facility, restaurant, retail facility, office, manufacturing or industrial facility, markets, office buildings, hotels, motels, shopping centers, theatres, and multi-family dwelling units.

"Compost" is defined in state law (Public Resources Code Section 40116) as the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal waste stream or which are separated at a centralized facility. Compost may also include the product of anaerobic digestion or other conversion technologies.

"Compostable material or compostables" means green waste and other material that can be broken down into or otherwise become part of, usable compost in a safe and timely manner, such as for use as soil conditioning material. Compostable material includes also waste such as food scraps, soiled paper, and plant trimmings, vegetable, yard and wood wastes which are not hazardous waste, disposable plastic food service ware and bags if labeled "compostable" in accordance with the department of environment regulations for easy identification, meeting the American Society for Testing and Materials (ASTM) Standard Specification (D6400) for compostable plastics, and consistent with state labeling law (California Public Resources Code Section 42359) that any plastic bag or food container labeled "compostable" must meet the ASTM Standard Specification for compostable plastics.

"Customer" means a generator that contracts for or receives solid waste/recycling removal services from a franchise refuse hauler or authorized recycler.

"Disposal" means the final disposition of solid waste at a permitted landfill or other permitted solid waste facility, as defined in the California Public Resources Code Section 40192.

"Diversion or divert" means the reduction or elimination of solid waste disposal in accordance with California Resources Code Section 41024.

"Food vendor" means any and all sales outlets, stores, shops, vehicles or other places of business located or operating within the City of Commerce that operate primarily to sell or convey foods or beverages to consumers.

"Franchise" means a commercial solid waste collection franchise contracted for or issued by the city.

"Franchise hauler" means a hauler holding a franchise, contract, license or permit issued by the city.

"Generator" means an owner or responsible party for a commercial facility(ies) or business, including non-residential property which generates recyclable or compostable materials as a result of its business, commercial facility(ies) or property activity. Generator may also include tenants, property managers for facilities with leased space, employees and contractors of generator.

"Hauler" means any person or commercial entity which lawfully collects, hauls or transports solid waste for a fee.

"Landfill" means a permitted disposal site which accepts solid waste.

"Multi-family dwelling units" means a residential structure having multiple residences.

"Organic waste" means food waste, green waste, landscaped and pruning waste, non-hazardous wood waste, and food-soiled paper waste that is mixed with food waste.

"Organic waste generator" means:

(1) A business that generates eight cubic yards or more of organic waste per week starting April 1, 2016;

(2) A business that generates four cubic yards or more of organic waste per week starting January 1, 2017;

(3) A business that generates four cubic yards or more of commercial solid waste per week starting January 1, 2019;

(4) A business that generates two cubic yards or more of commercial solid waste per week starting January 1, 2020 if the statewide disposal of organic waste has not been reduced to fifty percent of the level of disposal during 2014.

"Recycle" or "recycling" means the process of collecting, sorting, cleaning, treating, and reconstituting materials that would otherwise become solid waste and returning them for use or reuse in the form of raw materials for new, used, or reconstituted products which meet the quality standard necessary to be used in the market place as defined in the California Public Resources Code Section 40201.

"Recyclable materials" means materials that have been separated from the solid waste stream prior to disposal and returning them for use of reuse in the form of raw materials for new, used, or reconstituted products which meet the quality standard necessary to be used in the market place and that are not landfilled. Recyclable materials include any materials identified by the agency director for which a market exists, including, but not limited to, plastic bottles and jars, paper, cardboard, glass, newspaper, metal containers, cans, as well as compostable materials such as green waste or food waste.

"Responsible party" means the individual or entity responsible for the generator's management of solid waste and/or recycling at the generator's commercial facility, business or non-residential property.

"Rubbish" means non-putrescible solid waste such as ashes, paper, cardboard, tin cans, yard waste, wood, glass, bedding, crockery, plastic, rubber by-products and litter.

"Scavenging or scavenger" means the uncontrolled and unauthorized removal of recyclables materials at any point in the solid waste management system.

"Self-haul" or "self-hauling" means a generator or responsible party who transports his or her own recyclable or compostable materials to a recycling facility by using a vehicle owned by that generator or generator's employees or the responsible party rather than using the hauling services of a franchise hauler or authorized recycler.

"Solid waste" means all putrescible and non-putrescible solid, semi-solid, and liquid waste, including refuse, paper, ashes, industrial waste, demolition and construction wastes, 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 semi-solid wastes. Solid waste does not include hazardous waste or low-level radioactive waste defined in the California Health and Safety Code Sections 25117 and 25141.

"Source separated" or "source separation" means the process of removing recycling materials from solid waste at the place of discard generation of discard generation, prior to collection, into separate containers that are separately designated for recyclables, compostable or refuse for the purpose of recycling.

"Trash" means material that is designated for landfill disposal by the collector and does not include either recyclable or compostable materials. The term refuse does not include hazardous waste, as defined in the California Health and Safety Code Sections 25117 and 25141.

(Ord. No. 677, § 1, 4-19-2016)

(a) This chapter requires participation in a recycling service provided by their city authorized refuse hauler/recycler, source separate their recyclables, and or self-haul recyclables to a recycling facility. This chapter shall apply to the following commercial refuse customers for commercial recycling:

(1) All businesses that generate four cubic yards of trash per week;

(2) Multi-family residential with at least five units;

(b) This chapter requires: (1) source separating organic waste from other waste and subscribing to a basic level of organic waste recycling services that includes collection and recycling of organic waste provided by a city authorized hauler/recycler, (2) recycling organic waste onsite or self-hauling its own organic waste for recycling, or (3) subscribing to an organic waste recycling service that may include mixed waste processing that specifically recycles organic waste provided by a city authorized recycler. This chapter shall apply to the following commercial organic waste refuse customer:

(1) Effective April 1, 2016, all businesses, including multi-family residential with at least five units generating eight cubic yards or more per week of organic waste;

(2) Effective January 1, 2017, all businesses, including multi-family residential with at least five units generating four or more cubic yards per week of organic waste;

(3) Effective January 1, 2019, all businesses, including multi-family residential with at least five units generating four or more cubic yards per week of commercial solid waste;

(4) Effective January 1, 2020, if the statewide disposal of organic waste has not been reduced by fifty percent of the level of disposal in 2014, all businesses, including multi-family residential with at least five units generating two or more cubic yards per week of commercial solid waste.

(c) For commercial recycling, this chapter does not apply to:

(1) Businesses that generate less than four cubic yards of trash per week;

(2) Multi-family residential with less than five units; and

(3) Single-family residences.

(d) For commercial organic recycling, this chapter does not apply to:

(1) Effective April 1, 2016, all businesses, including multi-family residential with at least five units, generating less than eight cubic yards or more per week of organic waste;

(2) Effective January 1, 2017, all businesses, including multi-family residential with at least five units, generating less than four or more cubic yards per week of organic waste;

(3) Effective January 1, 2019, all businesses, including multi-family residential with at least five units, generating less than four or more cubic yards per week of commercial solid waste; and

(4) Effective January 1, 2020, if the statewide disposal of organic waste has been reduced to fifty percent of the level of disposal during 2014; all businesses, including multi-family residential with at least five units, generating less than two or more cubic yards per week of commercial solid waste.

(Ord. No. 677, § 1, 4-19-2016)

A generator may be exempt from the requirements of this chapter by the agency director if it is determined that either:

(1) There is inadequate storage space for the requisite containers for refuse and recyclables on site and that it is infeasible for the generator to share containers for refuse and recyclables on site and that it is infeasible for the generator to share containers for refuse and/or recyclables with another generator.

(2) Compliance with this chapter will result in a violation of zoning codes or city regulations for minimum parking spaces.

(3) There is no viable market or recycling facilities available for the recyclables.

(4) The business/multi-family residence does not generate recyclables.

Businesses/multi-family residences must direct a written request for an exemption to the agency director and state the reason for the exemption request. Exemptions may be granted by the agency director and shall be in writing and state the reason for the exemption.

(Ord. No. 677, § 1, 4-19-2016)

(a) Each applicable generator shall establish a recycling service through their city authorized refuse hauler/recycler, source separate their recyclables and/or self-haul recyclables to a recycling facility.

(b) Each applicable generator of organic waste shall source separate organic waste from other waste and subscribe to a basic level of organic waste recycling services that includes collection and recycling of organic waste by an authorized hauler, recycle its organic waste on site or self-haul its own organic waste for recycling, or subscribe to an organic waste recycling service that may include mixed waste processing that specifically recycles organic waste.

(c) Each business shall determine with their refuses hauler/recycler what types of materials they can source separate and recycle.

(d) Each refuse hauler/recycler shall encourage their customers to recycle and provide educational materials specific to commercial recycling programs/services available to them and provide all necessary containers for source separation and recycling.

(e) Each refuse hauler/recycler shall report to the City of Commerce, their customers' participation in the commercial recycling program.

(Ord. No. 677, § 1, 4-19-2016)

The council, in its discretion and pursuant to the provision of this chapter, may establish, create and divide the city into zones for the purpose of regulating, collecting, and disposing of refuse and recyclables. The sanitary zones shall be fixed, determined and created by the council by written resolution duly adopted by the council.

(Ord. No. 677, § 1, 4-19-2016)

(a) No person shall collect, carry, convey or transport refuse on or through any street, alley or public place in the city, except:

(1) A person who is an employee of the city;

(2) An employee of an authorized contractor/licensee of the city; or

(3) A person responsible for generation of the refuse from any residential unit, commercial or industrial business within the city.

(b) No person shall haul, carry or transport any refuse through the city or along or over any public street or public place in the city except in motor vehicles that are so constructed and maintained that the contents thereof will not be odorous. The motor vehicle shall be so loaded and operated that none of their contents will fall or spill there from, and every vehicle used for such purposes shall be kept in a clean and sanitary condition. Should such transportation cause leakage or deposit of said materials on or along city streets, public right-of-way or other city property, the transporter shall be responsible for the cost of removal.

(c) City, Contractor or Licensee. To protect public health, safety and welfare and to control vectors, the collection, removal and disposal of all refuse and recyclables may be performed exclusively by the city. The city may use, for such purposes, city personnel or enter into contracts with any person with or without advertising for bids or both. The agency director or his or her designee may authorize any person to collect, remove and dispose of refuse and/or recyclables under such terms, conditions and limitations deemed necessary in the interest of public health, safety and welfare.

(d) Self-Hauler Permit for Recyclables. A resident or property owner responsible for the generation or accumulation of recyclables on their premises in the city may apply for a self-hauler permit for their premise. Such person shall be liable for payment of the permit application in the sum of one hundred fifty dollars for each vehicle used in the transporting of recyclables. Vehicles used in the transporting of recyclables must be owned by the generator or generator's employee.

The self-hauler permit does not apply to refuse, is non-transferable and may be suspended or revoked if the self-hauler does not comply with the following:

(1) Provide to the city proof of ownership of the vehicles and/or bins/containers to be used in transporting recyclables.

(2) Deliver recyclables to a recycling facility.

(3) Self-hauler reporting. Self-haulers shall, on a monthly basis, report to the city the type, quantity, volume, weight and destination of recyclables removed with copies of disposal receipts in a city-generated self-hauling form.

(4) Keep their premises in the city clean and in sanitary condition, and shall not cause or permit any refuse, greenwaste or other combustible waste matter or any non-combustible recyclables to accumulate on the premises for a period in excess of more than fourteen days.

(5) Keep motor vehicles, used for transporting recyclables, so loaded and operated that none of their contents will fall or spill there from and every vehicle used for such purpose shall be kept in a clean and sanitary condition.

Upon the revocation of self-hauler permit for violation of any of the terms, conditions, or limitations thereof, the city is authorized to require a generator to obtain commercial recycling services from a city-authorized refuse/recycling hauler.

(e) Gardeners. Any person engaged in the business of gardening is authorized to collect, remove, and dispose of garden trimmings as may be required in such business with an authorized business license from the city.

(f) When arranging for gardening or landscaping services, the contract or work agreement between a business/multi-family residence and gardening or landscaping service shall require that the organic waste generated by those services be managed as outlined in the requirements for organic waste.

(Ord. No. 677, § 1, 4-19-2016)

Refuse haulers/recyclers shall:

(1) Obtain and maintain a business license from the city.

(2) Provide their customers with appropriate leak proof containers for source separation and recycling services.

(3) Provide their customers with public education materials on their recycling services, types of materials they can recycle, and procedures for establishing recycling service.

(4) Deliver recyclables materials to a recycling facility and/or an organics processing facility.

(5) Monitor and correct contamination of recyclables which may include issuing a written notice to said business/multi-family residence owner and/or tenant.

(6) Report to the agency director business participation in the recycling service provided in accordance with the reporting form required by the city.

(7) Failure of the refuse haulers or authorized recyclers to file the recycling reports to the agency as required may constitute cause for termination or suspension of its franchise and/or business license.

(Ord. No. 677, § 1, 4-19-2016)

The agency director or designee shall have the duty and authority to administer and enforce this chapter. To the extent permitted by law, the agency director or designee may inspect any collection container at a commercial facility or multi-family residence for refuse and recycling service compliance.

Refuse haulers/recyclers shall be responsible for providing a recycling service to all businesses generating at least four cubic yards of trash per week and multi-family residences with at least five units. Refuse haulers/recyclers are responsible for monitoring and correcting contamination of recyclables, and for reporting customer recycling participation to the city.

(Ord. No. 677, § 1, 4-19-2016)