Compton Municipal Code § 21-1 Waste Management

[Ord. #1946, § 1; Ord. #2035, § 1; Ord. #2184, § 1; Ord. #2297, § 1; amended 6-25-2019 by Ord. No. 2310]

a. Definitions Generally. For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this chapter unless it is apparent from the context that a different meaning was intended. Words and phrases not ascribed a meaning by this chapter shall have the meaning ascribed by Division 30, Part 1, Chapter 2 of the California Public Resources Code, Sections 40105-40201, and the regulations of CalRecycle, if defined therein, as amended from time to time.

ACT

The California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq., sometimes referred to as "AB 939") as amended from time to time.

APPLICABLE LAW

All laws, regulations, rules, orders, directives, judgments, decrees, permits, approvals, or other requirement of the United States, the State of California, the County of Los Angeles, the City, and any federal, state, regional or local administrative and regulatory agencies, that are applicable to the provision of solid waste and recyclable materials handling services in the City, as they all may be enacted, issued, or amended from time to time.

AUTHORIZED COLLECTOR

The City or a solid waste enterprise operating under the provisions of a collection agreement authorized by the City Council.

BILL/BILLING

The statement(s) of charges provided to customers for solid waste and recycling materials handling services rendered by an authorized collector.

BIN

A metal container with a hinged lid and wheels with a capacity of less than 10 cubic yards and designed for mechanical pick-up by collection vehicles.

BROWN GOODS

Discarded electronic equipment such as, but not limited to, cellular telephones, video cassette recorders, compact disc (CD) players, CD recorders, digital video disc (DVD) players, DVD recorders, video cassette recorders, stereos, audio receivers, video receivers, facsimile machines, central processing units (CPUs), laptop computers, and peripherals (e.g., external computer hard drives, computer keyboards, computer mice, and computer printers), and other similar items commonly known as "brown goods" and "e-waste."

BULKY ITEMS/BULKY WASTE

Solid waste that cannot and/or would not typically be accommodated within a cart including specifically without limitation: furniture (including chairs, sofas, mattresses, and rugs); appliances (including refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items, commonly known as "white goods"); brown goods, electronic waste; wood waste, and tree branches (if no larger than two feet in diameter and four feet in length, and weighing not more than 60 pounds). "Bulky waste" does not include car bodies or parts, construction and demolition debris or items requiring more than two persons to remove. Other items not specifically included or excluded above will be collected as bulky waste provided the authorized collector has agreed to collect them. In the event a question arises as to whether a specific item or category of items meets the definition of bulky waste, the City Manager will determine whether that definition will apply, which determination will be final and binding.

CALRECYCLE

The State of California's Department of Resources Recycling and Recovery.

CART

A plastic container with a hinged lid and wheels serviced by an automated or semi-automated truck and with a capacity of no less than 30 and no greater than 101 gallons.

CITY MANAGER

An individual having that title in the employ of the City or the City Manager's designee.

CIVIC LITTER CONTAINER

A City-owned receptacle located in a public area for the temporary accumulation and collection of solid waste generated by the public in public places.

COLLECT/COLLECTED/COLLECTION

To take physical possession, transport and remove solid waste or recyclable materials within the City.

COLLECTION AGREEMENT

An agreement between the City and a solid waste enterprise, entered into pursuant to this chapter authorizing the solid waste enterprise to provide solid waste and recyclable materials handling services.

COMMERCIAL PREMISES

All premises in the City, other than residential premises. The term "commercial premises" includes, but is not limited to, stores; offices; federal, state, county, and local governmental institutions, including, but not limited to, schools, school districts, special districts, and water districts; restaurants; rooming houses; hotels; motels; offices; manufacturing, processing, or assembling shops or plants; hospitals; clinics; nursing homes; convalescent centers; dormitories; barracks; and card rooms. In the event a question arises as to whether a specific premises meets the definition of "commercial premises," the City Manager will determine whether that definition will apply, which determination will be final and binding.

COMPOSTING

The separation of organic waste from the waste stream for controlled decomposition into a material that may be used as a soil amendment.

CONSTRUCTION AND DEMOLITION DEBRIS

Solid waste resulting from construction, remodeling, repair or demolition operations at any premises and includes, but is not limited to, concrete, asphalt, rock and dirt.

CONTAINER

Any and all types of solid waste or recyclable materials receptacles, including carts, bins and roll-off boxes.

CUSTOMER

A person receiving solid waste and recyclable materials handling services from an authorized collector pursuant to the terms of a collection agreement.

DISPOSE/DISPOSAL

The ultimate disposition of solid waste at a landfill or otherwise as permitted by applicable law.

DIVERSION

Shall have the meaning ascribed in Section 40124 of the California Public Resources Code, as amended from time to time.

ELECTRONIC WASTE

Has the meaning ascribed to "Covered Electronic Waste" in Section 42463 of the Public Resources Code, as amended from time to time, and all brown goods.

EMSW CONVERSION

Shall have the meaning ascribed in California Public Resources Code Section 40131.2, as amended from time to time.

FOOD WASTE

Unused and discarded solid food products/scraps, including, but not limited to, all vegetables, fruits, meat, fish, shells, bones, cheese, bread, coffee grounds, and discarded paper that is contaminated with food waste.

GENERATOR

Any person whose act or process produced solid waste or recyclable materials or whose act first causes solid waste or recyclable materials to become subject to regulation.

GREEN WASTE

Any vegetative matter resulting from normal yard and landscaping maintenance that is not more than four feet in its longest dimension or four inches in diameter. "Green waste" includes plant debris, such as tree trimmings, wood stumps, grass cuttings, dead plants, leaves, branches, flowers, plant stocks, leaves, dead trees (subject to length and diameter limitations), and other forms of organic waste that is generated at the premises wherein the green waste is collected. "Green waste" excludes yucca and palm fronds. "Green waste" does not include material not normally produced from gardens or landscape areas, such as brick, rock, gravel, large quantities of dirt, concrete, sod, nonorganic wastes, oil, and painted or treated wood products. "Green waste" is an organic waste.

HAZARDOUS WASTE

Wastes defined in Public Resources Code § 40141 as well as all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste in Health and Safety Code §§ 25110.02, 25115, and 25117.1 and listed as hazardous waste by the United States Environmental Protection Agency (EPA), pursuant to the RCRA, and all future amendments thereto, and all rules and regulations promulgated thereunder.

HOLIDAY

Labor Day, New Year's Day, Independence Day, Thanksgiving Day, and Christmas Day, and shall also include any other day designated by resolution of the City Council, the City Manager, or a collection agreement.

HOUSEHOLD HAZARDOUS WASTE

Hazardous waste generated at residential premises.

MEDICAL WASTE

Shall have the meaning ascribed in California Health and Safety Code Section 117600 et seq., as amended from time to time.

MULTIFAMILY DWELLING

Any building or lot containing four or more dwelling units. Multifamily dwelling units generally receive solid waste and recyclable materials collection through the use of shared bins.

OCCUPANT

The person who is in possession of, is the inhabitant of, or has the care and control of a premises or is otherwise responsible for the day-to-day operations of the premises.

ORGANIC WASTE

Food waste, green waste, landscape and pruning waste, nonhazardous wood waste and food-soiled paper waste that is mixed in with food waste.

OWNER

The person holding legal title to a premises.

PERSON

Any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the State of California, the County of Los Angeles, the City, other cities, and special purpose districts.

PREMISES

Any land or building in the City where solid waste is generated or accumulated.

PUBLIC AGENCY/PUBLIC ENTITY

Any governmental agency or department thereof, whether federal, state or local.

RCRA

The Resource Conservation and Recovery Act ("RCRA") (42 U.S.C. § 6901 et seq.), as amended from time to time.

RECYCLABLE MATERIALS

Solid waste that prior to collection is separated by the generator from other solid waste, has some potential economic value, and is handled differently than other solid waste in order to allow it to be processed for recycling. Recyclable materials include any materials identified by resolution of the City Council, the City Manager, or a collection agreement.

RECYCLE/RECYCLING

The process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise be disposed of as solid waste, and returning them to the economic mainstream in the form of raw materials for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include transformation or EMSW conversion.

REFUSE

Solid waste exclusive of recyclable materials, organic waste, and green waste.

RESIDENTIAL PREMISES

Premises upon which dwelling units exist, including, without limitation, single-family dwellings and multifamily dwellings, apartments, including apartments and condominiums in which each unit has separate cooking and bathing facilities, but does not include hotels, motels, rooming houses, hospitals, nursing homes, convalescent centers, dormitories or barracks or other group living places. In the event a question arises as to whether a specific premises meets the definition of "residential premises," the City Manager will determine whether that definition will apply, which determination will be final and binding.

ROLL-OFF BOX

A container of 10 yards or larger.

SHARPS

Waste generated by a household that includes a hypodermic needle, syringe, or lancet.

SINGLE-FAMILY DWELLING

A dwelling unit in a building or lot containing three or fewer residential dwelling units. Single-family dwelling units generally receive individual solid waste and recyclable materials handling services with the use of carts.

SOLID WASTE

All discarded putrescible and nonputrescible solid and semisolid wastes including refuse, recyclable materials, green waste, organic waste, construction and demolition debris, bulky items, and any combination thereof which are permitted for disposal of in a Class III landfill, and which are included in the definition of the nonhazardous solid waste set forth in the California Code of Regulations.

SOLID WASTE AND RECYCLABLE MATERIALS HANDLING SERVICES

The collection, reduction, separation, recovery, conversion, transfer, transport, storage, recycling, processing and disposal of solid waste, including recyclable materials, green waste, and other organic waste.

SOLID WASTE ENTERPRISE

Any person which is regularly engaged in the business of providing solid waste and recyclable materials handling services.

SOURCE SEPARATE/SOURCE-SEPARATED

The segregation by the generator of recyclable materials, organic waste or green waste from other solid waste.

TAX ROLL

The assessment roll upon which the general taxes of the City are collected by the County of Los Angeles.

TRANSFORMATION

Shall have the meaning ascribed thereto in California Public Resources Code § 40201, as amended from time to time.

UNIVERSAL WASTE

Discarded consumer products containing mercury, lead, cadmium and other substances that are hazardous to human health and the environment, including, but not limited to, batteries and fluorescent tubes.

b. Additional definitions. Nothing in this section shall be deemed to preclude the City and any authorized collector from incorporating into any collection agreement definitions relating to their respective contractual rights and obligations, which may differ from or augment those set forth herein.

a. Provision of Service. The City shall provide for or furnish solid waste and recyclable materials handling services throughout the City. The solid waste and recyclable materials handling services may be furnished by any one or a combination of City officers and employees, an authorized collector(s) pursuant to a collection agreement(s), or agreement(s) with another local agency or local agencies. The provision of solid waste and recyclable materials handling services shall be under the direction of the City Manager. From time to time, the City Council may adopt resolutions that further implement the purposes and intent of this chapter. Except as may be specifically provided in this chapter, or as may be specified by a resolution of the City Council, the City is not subject to the provisions of this chapter that impose obligations on authorized collectors.

b. Manner, Time and Frequency of Collection. Authorized collectors shall make arrangements with their customers specifying the manner in which solid waste and recyclable materials handling services are provided, subject to the City's duty to protect the public health, safety and well-being and to limit sources of noise and air pollution within the City by prohibiting collection between certain hours and on certain holidays. The City Council may determine, by resolution or a collection agreement, the manner in which solid waste and recyclable materials handling services are provided within the City, specifying the hours, days and frequency of collection.

c. Categories. The City Council may determine, by resolution or a collection agreement, collection categories (e.g., single-family residential and multifamily residential) and make or impose collection requirements which vary for such categories.

d. Mandatory Service; Collection Arrangement Required. Except as expressly provided in this chapter, the owner and occupant of every premises in the City is required to make or cause to be made arrangements with an authorized collector for regular solid waste and recyclable materials handling services, and shall pay the charges for those services as established by the City; shall not enter into an agreement for solid waste and recyclable materials handling services with any person other than an authorized collector, and shall implement measures to reach the diversion and other goals mandated by the act. It shall be unlawful for any such person to fail to comply with the foregoing requirements. An occupant of a premises shall be deemed to have complied with this section if the owner of such premises has caused to be made appropriate arrangements with an authorized collector for regular solid waste and recyclable materials handling services and the payment of the charges for those services as established by the City. It is further unlawful, and a public nuisance, for any person to occupy any premises within the City for which appropriate arrangements for regular solid waste and recyclable materials handling services have not been made and kept in full force and effect.

e. Deposit of Solid Waste on Public Property. Any person who deposits or causes to be deposited any solid waste on any public property, including the public right-of-way, except in a container provided therefor as herein specified, shall immediately clean up, contain, collect and remove same. To facilitate proper disposal of solid waste by pedestrians and motorists, publicly patronized establishments shall provide, empty, and maintain adequate containers for deposit of solid waste generated by the public as a result of the patronization of such establishments.

a. Fees.

1. Pursuant to Division 30, Part 3, Chapter 8 of the Public Resources Code, § 41900 et seq., the City may levy fees ("fees" or "charges") upon authorized collectors and/or premises for planning and program development and administration regarding solid waste and recyclable materials handling services and for such services. Such fees may include charges for the use of disposal facilities and may include costs of preparing and implementing source reduction and recycling elements, household hazardous waste elements and integrated waste management plans. The charges shall be the amounts which the City Council from time to time may determine and establish by ordinance or resolution.

2. The City may determine to collect all or part of such charges (plus any interest or penalties) on the tax roll for the premises, whether or not delinquent, the water bill, by separate bill of the City or an authorized collector, or by such other means as the City Council may elect. Charges, whether or not delinquent, collected on the tax roll shall be collected pursuant to the provisions of Division 5, Part 3, Chapter 6, Article 4 of the California Health and Safety Code. Nondelinquent charges collected on the tax roll shall be levied as an annual charge in an amount computed in accordance with this chapter.

b. Residential Solid Waste and Recyclable Materials Handling Services Franchises.

1. Upon a determination that the public health, safety and well-being so require, the City Council, by ordinance, referring to the solid waste enterprise by name, may authorize, by collection agreement, one or more solid waste enterprises to provide solid waste and recyclable materials handling services to residential premises in all or any part of the City. Any collection agreement is subject to all of the provisions and to any rights held by any other solid waste enterprise which may hold rights pursuant to Public Resources Code § 49520.

2. Each collection agreement shall be granted on such terms and conditions as the City Council shall establish in its sole discretion, as matters of local concern, subject to the provisions of the Compton City Charter and applicable law.

3. Each collection agreement awarded by the City shall be in writing, signed by the Mayor, approved as to form by the City Attorney, and filed with the City Clerk. No solid waste enterprise or any other person shall infer the existence of any other form of agreement not meeting all the foregoing requirements.

4. In the sole discretion of the City Council, the solid waste and recyclable materials handling services may be authorized on an exclusive or nonexclusive basis, and with or without competitive bidding, and may relate to any class or type of solid waste within all or any part of the City.

5. Each authorized collector shall possess a current City business license and shall display a current City-issued decal on each collection vehicle operated in the City.

6. Each authorized collector shall comply with all requirements set forth in the authorized collector's collection agreement and all applicable law, including this Code, this chapter and any regulation which has been adopted pursuant to this chapter.

c. Commercial Solid Waste and Recyclable Materials Handling Services Franchises.

1. Upon a determination that the public health, safety and well-being so require, the City Council, by ordinance, referring to the solid waste enterprise by name, may authorize, by collection agreement, one or more solid waste enterprises to provide solid waste and recyclable materials handling services to commercial premises in all or any part of the City. Any collection agreement is subject to all of the provisions and to any rights held by any other solid waste enterprise which may hold rights pursuant to Public Resources Code § 49520.

2. Each collection agreement shall be granted on such terms and conditions as the City Council shall establish in its sole discretion, as matters of local concern, subject to the provisions of the Compton City Charter and applicable law.

3. Each collection agreement awarded by the City shall be in writing, signed by the Mayor, approved as to form by the City Attorney, and filed with the City Clerk. No solid waste enterprise or any other person shall infer the existence of any other form of agreement not meeting all the foregoing requirements.

4. In the sole discretion of the City Council, the solid waste and recyclable materials handling services may be authorized on an exclusive or nonexclusive basis, and with or without competitive bidding, and may relate to any class or type of solid waste within all or any part of the City.

5. Each authorized collector shall possess a current City business license and shall display a current City-issued decal on each collection vehicle operated in the City.

6. Each authorized collector shall comply with all requirements set forth in the authorized collector's collection agreement and all applicable law, including this Code and this chapter.

d. Collection Agreement Required. Except as expressly provided in this chapter, no person shall provide solid waste and recyclable materials handling services in the City unless that person has entered into a collection agreement meeting all the requirements of this chapter, irrespective of any permit issued by any other public agency authorizing the provision of solid waste and recyclable materials handling services. Any such collection agreement shall be in addition to any business license or permit otherwise required by this Code.

e. Resolution of Conflicts. In the event of a conflict between the provisions of a collection agreement and the provisions of this chapter, the provisions of the collection agreement shall control.

f. Licenses and Permits. Every authorized collector shall obtain and maintain at all times during the authorized collector's operations a business license issued by the City, and all applicable permits and licenses required by any public agency having jurisdiction.

g. Solid Waste Facilities. No person shall construct or operate a solid waste management facility, including, but not limited to, a materials recovery facility, solid waste transfer or processing station, composing facility, a buy-back or drop-off center, disposal facility, or a recycling center without satisfying all City requirements for land use, environmental and other approvals.

h. Liabilities for Fees.

1. Charges for a premises may be billed on the water bill, the tax roll, whether or not delinquent, or separate bill of the City or authorized collector. The charges (plus any interest or penalties) shall be due and payable on the date stated on the water bill, the property tax bill, or separate bill for the premises.

2. Each person required by this chapter to arrange for solid waste and recyclable materials handling services shall pay or cause to be paid the charges for such services to the City, if billed by the City, authorized collector, if billed by the authorized collector, or the County of Los Angeles Auditor-Controller, if billed on the tax roll. The owner and occupant of each premises shall be jointly and severally liable for the payment of the charges (plus any interest or penalties).

3. Any charges, except charges billed on the tax roll, which remain unpaid for a period of 30 or more days after the date upon which they were billed shall be deemed delinquent. A penalty of 10% shall be charged and an additional 1.5% per month shall be charged until the charges and penalties and interest are paid.

4. The charges collected on the tax roll, including delinquent and nondelinquent charges, shall be collected pursuant to the provisions of Chapter 5, Part 3, Chapter 6, Article 4 of the California Health and Safety Code in the same manner, by the same persons, and at the same time as, together with and not separately from, the City's general taxes and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties.

5. The charges shall be a civil debt owing to the City or authorized collector, as applicable. As a cumulative and alternative remedy, the City or authorized collector, as applicable, may pursue collection of delinquent accounts through collection agencies, small claims courts or any other means provided by law, and may recover reasonable attorneys' fees and costs as permitted by law.

6. Solid Waste and Recyclable Materials Handling Services may be discontinued for commercial premises if any charges remain unpaid for a period of 30 or more days after the date upon which they were billed.

7. Upon written notice from the owner or occupant of a premises to discontinue solid waste and recyclable materials handling services, there shall be refunded any advance charges. However, solid waste and recyclable materials handling services cannot be discontinued as long as the premises is receiving water service from the City or any other public water agency.

8. Any person with a valid self-haul permit who does not use the solid waste and recyclable materials handling services offered by the authorized collector shall be exempt from the payment of fees pursuant to this chapter.

a. Containers: Use.

1. The authorized collector shall provide the containers specified in the collection agreement to each premises in the City.

2. Each person required by this chapter to arrange for solid waste and recyclable materials handling services shall keep in a suitable place a sufficient number of containers provided by the authorized collector or approved by the City capable of holding without spilling, leaking, or emitting odors, all solid waste, including recyclable materials, which would ordinarily accumulate on the premises between the time of two successive collections.

3. Each person required by this chapter to arrange for solid waste and recyclable materials handling services shall deposit or cause to be deposited in containers provided by the authorized collector or approved by the City all solid waste, including recyclable materials, generated or accumulated on those premises.

4. No person shall place ashes which are not cold and free from fire in any container.

5. Subject to any exclusions set forth in this chapter, no person shall deposit solid waste from a premises in any place other than an approved container located on the premises which generated the solid waste.

b. Containers, Bulky Waste and Green Waste: Placement and Removal.

1. No person shall place for collection any container not in conformance with the container provided by an authorized collector or approved by the City.

2. No person shall place a container adjacent to a street or public right-of-way for collection if the container and its contents weigh more than 65 pounds, unless the authorized collector is using automated collection equipment.

3. No person shall place a container or any bulky waste adjacent to a street or public right-of-way for collection service before 12:00 noon on the day preceding the regularly scheduled collection day.

4. During the hours for collection, containers for residential premises shall be placed at the location designated by the authorized collector and shall be accessible for mechanized pick-up, if mechanized pick-up methods are utilized by the authorized collector. Bins shall be accessible to the authorized collector. Except during the time a container is placed for curbside collection, containers for residential premises shall not be visible from the public right-of-way. Upon collection, all containers shall be replaced in an upright position, at the location where found by an authorized collector.

5. Containers shall be removed from any location adjacent to a street or public right-of-way not later than 6:00 a.m. on the day following the regularly scheduled collection day.

6. An authorized collector who has been notified in writing by a customer or the City that solid waste service is to be discontinued shall remove all of its bins or carts from such customer's premises within one week following receipt of notification that service is to be discontinued from such customer's premises.

7. Green waste shall be cut into pieces not to exceed four feet in length and four inches in diameter before being placed adjacent to a street or public right-of-way for collection. Green waste shall be placed in containers designated for the collection of green waste, or tied securely in bundles not exceeding 60 pounds and shall not be contaminated with other forms of solid waste or with hazardous waste.

8. The City Manager may waive the requirements of this section when necessitated by conditions beyond the control of the authorized collector, owner, or occupant of the premises.

a. Frequency. Except as expressly provided in this chapter or an applicable collection agreement, or as otherwise approved by the City Manager if necessary to maintain the public health or safety, each person required by this chapter to arrange for solid waste and recyclable materials handling services shall make arrangements with the authorized collector to have all solid waste from the premises (other than construction and demolition debris) collected no less than once each calendar week. Subject to the foregoing requirement, the owners or occupants of commercial premises or multifamily dwellings may specify the frequency of collection of solid waste from the premises and the size and number of bins or other containers required.

b. Schedule. Collection by an authorized collector shall be in accordance with the applicable collection agreement or a schedule approved by the City Manager, which shall identify the routes and collection days and which shall not permit the accumulation of solid waste in quantities detrimental to the public health or safety.

c. Hours and Days of Collection. Collection from any premises by an authorized collector shall not be made between the hours of 6:00 p.m. and 5:00 a.m. of the following day or at any time on a Sunday or a holiday. The City Manager may waive the requirements of this section when necessitated by conditions beyond the control of the authorized collector and may require an authorized collector to change hours of operation if disruption occurs.

d. Designation of Routes and Times. Authorized collectors shall design their routes and times for collection in a manner which minimizes air pollution, traffic, noise and wear and tear on public and private streets and other problems with the potential to adversely affect public health, safety, or the environment.

a. An authorized collector shall provide on-call collection of bulky waste and other items to its customers in accordance with the applicable collection agreement.

b. No sharps, medical waste, hazardous waste (including but not limited to tires, oil and antifreeze), household hazardous waste, universal waste, battery acid, poisonous, caustic or toxic material or any other substance capable of damaging clothing or causing injury to a person shall be mixed or placed with any other solid waste, including recyclable materials, organic waste or green waste, which is to be collected by an authorized collector. Such items shall be collected at the owner's or occupant's expense only after arrangements have been made for such collection in accordance with all applicable law.

It shall be unlawful for any person other than an authorized collector to collect or dispose of solid waste except as set forth below or in a collection agreement.

a. Composting Organic Waste. Nothing in this chapter shall prevent owners or occupants from composting organic waste.

b. Self-Hauler's Exclusion. Nothing in this chapter shall prevent owners or occupants from, on a regular basis, collecting and disposing of solid waste, including recyclable materials, green waste and organic waste, generated in or on their premises, in lieu of making arrangements with an authorized collector ("self-haulers"). No self-hauler shall employ or engage any solid waste enterprise, other than an authorized collector, to collect or dispose of such materials. Before collecting or disposing of solid waste, including recyclable materials, green waste and organic waste, self-haulers shall obtain a self-haul permit from the City established by resolution of the City Council, and shall report to the City the type, total weight and destination of solid waste removed, including recyclable materials, green waste and organic waste, on a form prescribed by the City Manager together with supporting documentation required by the City Manager on a quarterly basis (March, June, September and December). Notwithstanding any other provision of this chapter, no self-hauler shall be obligated to use containers provided by the authorized collector.

c. Selling or Donating Recyclable Materials or Organic Waste. Nothing in this chapter shall prevent a person from selling or donating any source-separated recyclable materials or organic waste to a person or entity other than an authorized collector, provided that no such materials may be transported for disposition to a landfill or transfer station (as defined in Public Resources Code § 40200). If the seller or donor of recyclable materials is required to pay monetary or nonmonetary consideration in any form or amount for the collection of recyclable materials or organic waste, the fact that the generator receives a reduction or discount in price (or in other terms of the consideration the generator is required to pay) shall not be considered a sale or donation. Before selling or donating recyclable materials or organic waste, each business, as defined in Subsection 21-1.8b1 or c1, shall obtain a permit from the City established by resolution of the City Council, and shall report to the City the name of the person or entity to whom the recyclable materials or organic waste was sold or donated, and the type and total weight of the recyclable materials or organic waste removed on a form prescribed by the City Manager together with supporting documentation required by the City Manager on a quarterly basis (March, June, September and December).

d. Buying Recyclable Materials or Organic Waste. Nothing in this chapter shall prevent a person which is not a solid waste enterprise engaged in the business of collecting or disposing of solid waste for a fee, other charge or consideration from buying source-separated recyclable materials or organic waste for monetary or other valuable consideration, and removing and transporting such materials to a destination for marketing, provided that no such materials may be transported for disposition in a landfill or transfer station (as defined in Public Resources Code Section 40200).

e. Document Destruction Service. Nothing in this chapter shall prevent any person engaged in the business of destroying or disposing of secret, confidential, or sensitive documents from transporting or disposing of such documents by shredding, lumping, incinerating or other means, as a part of such document destruction or disposal service. Before transporting or disposing of such documents, persons shall obtain a permit from the City established by resolution of the City Council, and shall report to the City the destination and total weight of documents removed on a form prescribed by the City Manager together with supporting documentation required by the City Manager on a quarterly basis (March, June, September and December).

f. General Requirements Applicable to Exclusions. In all cases where the right to an exclusion pursuant to this chapter is exercised, disposal shall be made in accordance with applicable law at a disposal or processing facility which meets all applicable regulatory requirements. Green waste shall only be disposed of at a permitted facility where green waste is sorted, mulched, or separated for the purpose of recycling, reuse, or composting. Recyclable materials shall only be disposed of at certified materials recovery facility or other mixed waste processing facility for diversion from disposal. Any disposal by a person exempted under this section shall not relieve such person from any obligation or liability imposed by this chapter or any other City ordinance, resolution, rule or regulation or for the payment of any fees pursuant to this chapter, except as otherwise provided in this chapter.

a. Ownership of Recyclable Materials and Organic Waste. Upon placement of source-separated recyclable materials at a designated recycling location or placement of source-separated recycling material or organic waste in a container provided by an authorized collector for the collection of recycling materials or organic waste, the recyclable materials or organic waste shall become the property of the authorized collector.

b. Mandatory Commercial Recycling.

1. Except as otherwise expressly provided in this chapter, public entities or commercial businesses (including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit entity or nonprofit entity) that generate four cubic yards or more of solid waste per week and multifamily dwellings ("business" or "businesses" for purposes of this section) shall divert their solid waste from disposal by taking one, or any combination, of the following actions in compliance with the requirements of Chapter 12.8 of Part 3 of Division 30 of the California Public Resources Code (Section 42649 et seq.):

(a) Source separate recyclable materials and make arrangements with an authorized collector for delivery of a container or containers designated for recyclable materials, and deposit recyclable materials in the designated container or containers provided by the authorized collector; or

(b) Source separate recyclable materials and self-haul such materials in compliance with Subsection 21-1.7b; or

(c) Source separate recyclable materials and sell or donate such materials in compliance with Subsection 21-1.7c.

2. The deposit of any materials other than recyclable materials in a container designated for recyclable materials is prohibited and the deposit of recyclable materials in a container that is not designated for recyclable materials is prohibited.

3. To comply with this section, owners or managers of multifamily dwellings may require tenants to source-separate their recyclable materials.

4. A business may request an exemption from the requirements of this section by submitting an application on a form prescribed by the City Manager. After reviewing the exemption request, the City Manager shall either approve or disapprove the exemption request. To be eligible for an exemption from the requirements of this section, the business must demonstrate that there are no recyclable materials being generated by any activities of the business or there is inadequate storage space for the storage of recyclable materials.

5. The City may require a business that is granted an exemption from the requirements of this section to submit an application every year from the date the exemption was granted by the City.

6. Each business that does not make arrangements with an authorized collector pursuant to Subsection b1(a) shall be responsible for ensuring and demonstrating to the City its compliance with the requirements of this subsection and Subsection 21-1.7b or c. Each such business must provide satisfactory proof to the City of the person or entity to whom the recyclable materials is sold or donated, if applicable, and the type, total weight and destination of recyclable materials self-hauled on a form prescribed by the City Manager together with supporting documentation required by the City Manager on a quarterly basis (March, June, September and December).

7. To the extent authorized by law, the City or an authorized collector may inspect the premises and examine the containers for refuse and recyclable materials. The City shall notify a business if the business is not in compliance with this section or if self-hauling is not appropriate or effective.

8. The City shall implement a commercial solid waste recycling program in conjunction with the authorized collector that consists of education, outreach and monitoring of businesses that is designed to divert solid waste from businesses. The authorized collector shall be responsible for providing recycling service to all businesses, including recycling containers, and for monitoring and correcting contamination of recyclable materials, and for reporting recycling participation to the City in accordance with the City's requirements.

9. Nothing in this section is intended to prevent or limit the right of any business to donate or sell its recyclable materials as provided by Public Resources Code Section 41952.

c. Mandatory Commercial Organics Recycling.

1. Except as otherwise expressly provided in this chapter, public entities, commercial businesses (including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit entity or nonprofit entity), and multifamily dwellings ("business" or "businesses" for purposes of this section) that generate four cubic yards or more of solid waste per week shall divert their solid waste from disposal by taking one, or any combination, of the following actions in compliance with the requirements of Chapter 12.9 of Part 3 of Division 30 of the California Public Resources Code (Section 42649.8 et seq.):

(a) Source separate organic waste and make arrangements with an authorized collector for delivery of a container or containers designated for organic waste, and deposit organic waste in the designated container or containers provided by the authorized collector;

(b) Source separate organic waste and recycle such materials on site; or

(c) Source separate organic waste and self-haul such materials in compliance with Subsection 21-1.7b; or

(d) Source separate organic waste and sell or donate such materials in compliance with Subsection 21-1.7c.

2. The deposit of any materials other than organic waste in a container designated for organic waste is prohibited and the deposit of organic waste in a container that is not designated for organic waste is prohibited.

3. To comply with this section, a business that is an owner may require a lessee or tenant of that property to source separate their organic waste.

4. To comply with this section, when arranging for gardening or landscaping services, the contract or work agreement between a business and a gardening or landscaping service shall require that the organic waste generated by those services be managed in compliance with Chapter 12.8 of Part 3 of Division 30 of the California Public Resources Code (Section 42649.8 et seq.).

5. A business that is a multifamily dwelling is not required to arrange for the recycling of food waste that is generated by the business.

6. A business may request an exemption from the requirements of this section by submitting an application on a form prescribed by the City Manager. After reviewing the exemption request, the City Manager shall either approve or disapprove the exemption request. To be eligible for an exemption from the requirements of this section, the business must demonstrate that the business does not generate at least 1/2 cubic yard of organic waste per week, there is inadequate space to provide additional organic waste recycling bins, the business is currently implementing actions that result in the recycling of a significant portion of its organic waste, or there is some extraordinary and unforeseen event that warrants a temporary exemption.

7. The City may require a business that is granted an exemption from the requirements of this section to submit an application every year from the date the exemption was granted by the City.

8. Each business that does not make arrangements with an authorized collector pursuant to Subsection c1(a) shall be responsible for ensuring and demonstrating to the City its compliance with the requirements of this subsection and Subsection 21-1.7b or c if applicable. Each such business must provide satisfactory proof to the City of the type and total weight of organic waste recycled on site, the person or entity to whom the organic waste is sold or donated, and the type, total weight and destination of organic waste self-hauled on a form prescribed by the City Manager together with supporting documentation required by the City Manager on a quarterly basis (March, June, September and December).

9. To the extent authorized by law, the City or an authorized collector may inspect the premises and examine the containers for refuse and organic waste. The City shall notify a business if the business is not in compliance with this section or if self-hauling is not appropriate or effective.

10. The City shall implement an organic waste recycling program in conjunction with the authorized collector that consists of education, outreach and monitoring of businesses that is designed to divert organic waste from businesses. The authorized collector shall be responsible for providing organic waste recycling service to all businesses, including recycling containers, and for monitoring and correcting contamination of organic waste, and for reporting recycling participation to the City in accordance with the City's requirements.

11. Nothing in this section is intended to prevent or limit the right of any business to donate or sell its organic waste as provided by Public Resources Code § 41952.

a. Cleanup Responsibility.

1. Until solid waste, including recyclable materials, green waste and organic waste, has been collected in accordance with the requirements of this chapter, the owner or occupant shall immediately clean up any solid waste generated or accumulated on the premises that has spilled or is otherwise located outside an authorized container notwithstanding human or animal interference with containers, wind or other natural forces.

2. Each authorized collector shall immediately clean up any solid waste spilled or otherwise released or discharged into the environment during its collection.

a. Use of Containers. No person shall keep solid waste in containers other than those supplied by the authorized collector or approved by the City; nor shall any person accumulate solid waste for more than six consecutive days; nor shall any person keep upon any premises any solid waste which is offensive, obnoxious or unsanitary.

b. Moving of Containers. It shall be unlawful for any person other than the owner or occupant of the premises, an officer or employee of the City, or the authorized collector to move any container from the location where the container was placed for storage or collection without the prior written approval of the owner or occupant.

c. Scavenging of Solid Waste. It shall be unlawful for any person other than the owner or occupant of the premises, an officer or employee of the City, or the authorized collector to collect, remove or otherwise handle any solid waste, including recyclable materials, contained in any container that has been placed for storage or collection without the prior written approval of the owner or occupant or to remove recyclable materials placed at a designated recycling collection location.

d. Graffiti. It shall be unlawful for any person to apply any paint or markings (commonly known as "graffiti" or "tagging") to any container supplied by the authorized collector or approved by the City without the prior written approval of the authorized collector or City.

e. Bulky Waste. It shall be unlawful for any person to place bulky waste adjacent to a street or public right-of-way without first having made arrangements with the authorized collector for the collection of the bulky waste.

f. Hazardous Waste. It shall be unlawful for any person to spill or to place sharps, medical waste, hazardous waste (including but not limited to tires, oil and antifreeze), household hazardous waste, universal waste, battery acid, poisonous, caustic or toxic material or any other substance capable of damaging clothing or causing injury to a person with any other solid waste, including recyclable materials, organic waste or green waste in any container provided by an authorized collector.

g. Solid Waste from Outside City. It shall be unlawful for any person to place for collection any solid waste from outside the City.

h. Nonconforming Solid Waste. It shall be unlawful for any person to place for collection by an authorized collector any solid waste, including bulky waste, that does not conform to the standards of this chapter.

i. Civic Litter Container; Prohibited Waste. It shall be unlawful for any person to place solid waste generated at premises or hazardous waste in any civic litter container.

j. Burning of Solid Waste. It shall be unlawful for any person to burn any solid waste within the City, except in an approved incinerator or transformation facility or other device for which all required permits have been issued by public agencies having jurisdiction and in a manner that complies with such permits and applicable law.

k. Dumping or Burial of Solid Waste. It shall be unlawful for any person to dump, spill, leak, pump, pour, emit, empty, discharge, inject, or bury any solid waste within the City, except pursuant to a permit issued by public agencies having jurisdiction and in a manner that complies with such permit and applicable law.

l. Collection of Solid Waste Without License Prohibited. Except as expressly provided in this chapter, no person shall collect any solid waste from any premises within the City, nor shall any person place a container for the accumulation of solid waste at any premises within the City, without a City business license and a collection agreement or operate a collection vehicle within the City without displaying a current City-issued collector's decal.

m. Failure to Make Collection Arrangements. Except as expressly provided in this chapter, it is unlawful for the owner or occupant of any premises in the City to not make arrangements for regular solid waste and recyclable materials handling services with the authorized collector.

n. Unauthorized Disposal. It shall be unlawful for any person to place solid waste in, or otherwise use, the containers of another without their permission.

o. Trespass. It shall be unlawful for an authorized collector to enter on private property beyond the extent necessary to collect the solid waste or recyclable materials properly placed for collection.

p. Transporting Loose Solid Waste. It shall be unlawful for any person to transport any loose solid waste by motor vehicle unless the cargo is covered and/or secured in such a manner as to prevent depositing of solid waste on public or private property.

q. Transfer of Loads on Public Streets. It shall be unlawful for any person to transfer solid waste or recyclable materials from one collection vehicle to another on any public street or road unless such transfer is essential to the method of operation and is approved by the City Manager, or is necessary owing to mechanical failure or accidental damage to a vehicle.

r. Interference. It shall be unlawful for any person to interfere with the performance of solid waste and recyclable materials handling services being rendered by the City or an authorized collector.

a. Pursuant to California Penal Code Section 836.5. the City Manager and City Code Enforcement Officers are authorized to enforce the provisions of this chapter as well as those of California Penal Code Sections 374, 374a, 374.2, 374.3, 374.4, 374d, 374.7, and 375, California Government Code Sections 68055, et seq.; and California Vehicle Code Sections 23111 and 23112.

b. Whenever in this chapter, enforcement authority is given to any City employee or officer, such authority may be exercised by designees of those officers and employees.

c. Except as otherwise provided in this chapter, violations of this chapter are punishable as set forth in Subsections 1-6.1 through 1-6.6.

d. Violation of any provision of this chapter shall be a misdemeanor.

e. The City Manager or the City Manager's designee(s) shall have the authority to enforce the provisions of this chapter. This authority shall be in addition to the authority granted law enforcement officers pursuant to this Code.