Corcoran Municipal Code Ch. 2 Solid Waste Collection and Processing

For the purpose of this chapter, the following terms, words and phrases are defined as follows:

ACT: The California integrated waste management act of 1989 1 and all regulations adopted under said act, as may be amended from time to time.

BUY BACK FACILITY: A facility which receives source separated materials for a fee.

CITY: The city of Corcoran.

COMPOST: The product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream or which are separated at a central facility.

COMPOSTING FACILITY: A permitted solid waste facility at which composting is conducted and which produces compost, excluding private residences engaged in composting for their own purposes.

CONTAINERIZED SERVICE: Service wherein the city or its contract collector provides a vehicle equipped for the mechanical handling of one, two (2), or three (3) cubic yard containers with casters. Such containers shall be furnished by the city or its contract collector.

CONTRACT COLLECTOR: Any person who provides solid waste collection and disposal service to residential, commercial, or industrial premises under contract with the city.

COUNCIL: The city council of the city of Corcoran.

CURBSIDE COLLECTION: The collection of solid waste from a location adjacent to the street or alleyway.

GREENWASTE: Grass, clippings, weeds, leaves, small branches, sod, lumber without nails, plants and sawdust.

GREENWASTE CONTAINERS: A container or containers approved by the public works director and identified solely for the use of disposal of "greenwaste" as defined herein.

KWRA: The Kings waste and recycling authority, a joint powers agency consisting of the county of Kings and the cities of Corcoran, Hanford, and Lemoore.

LANDFILL: A disposal site at which solid waste is deposited and compacted before burial in a specially prepared area which provides environmental monitoring and treatment.

PERSON: An individual, firm, association, partnership, public or private corporation, company, organization, political subdivision, governmental agency, trustee, receiver or any other entity whatsoever.

PREMISES: A tract or parcel of land with or without habitable buildings or appurtenant structures.

PUBLIC WORKS DIRECTOR: The public works director of the city of Corcoran.

RECYCLABLES: Solid waste, including, without limitation, aluminum, glass bottles and jars, paper, newspaper, cardboard, plastic containers, tin and bimetal, white goods, greenwaste, yard or tree waste and other materials which can be processed and returned to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.

SERVICE AREA: The incorporated area of the city of Corcoran and those unincorporated portions of Kings County that have been designated by the Kings County board of supervisors or permitted by the Kings County public works department as areas where the city shall be responsible for the provision of utilities including solid waste collection.

SOLID WASTE: All putrescible or nonputrescible solid and semisolid waste including recyclables, refuse, garbage, rubbish, trash, decaying vegetable and animal matter, ashes, street refuse, industrial waste, swill, offal, tin cans, paper, medical solid waste and other offensive or nauseous substances excepting the following: agricultural solid waste, liquid carried industrial wastes, sewage or sewage hauled as an incidental part of a septic tank or cesspool cleaning service, medical waste, and hazardous or toxic waste as defined and regulated by federal, state or local laws and regulations.

SOLID WASTE COLLECTION SERVICE: Service furnished by the city of Corcoran or contract collector or a duly permitted collector for the collection and disposal of solid waste within the city and the areas provided service by the city in the county of Kings and hauling said waste to a facility for processing, transfer and disposal.

SOLID WASTE CONTAINERS: A regulation solid waste container or containers approved by the city.

SOLID WASTE FACILITY: A disposal site, buy back facility, material recovery facility (MRF), composting facility, transfer station, or a site that engages in any solid waste processing, or any facility specified in California Public Resources Code section 40194 and as amended from time to time. Solid waste facility shall include a commercial or industrial business conducting salvage of recyclables, but shall exclude private residences engaged in salvaging of recyclables for their own purpose.

SOLID WASTE PROCESSING: The reduction, separation, composting, recovery, salvage, conversion, or recycling of solid waste and any activity conducted in a solid waste facility.

SOLID WASTE PROCESSOR: Any person regularly engaged in the processing and/or recycling of solid waste. Solid waste processor includes a "buy back facility".

SOLID WASTE SEPARATION: The placement of recyclables in separate containers or bags, or the physical separation of recyclables from other solid waste. The term segregation shall be interchangeable with separation.

SOURCE SEPARATION: The separation or segregation of solid waste, at the place of generation or production of the wastes and resources for separate collection, processing, recycling, reuse, recovery or disposal.

SPECIAL HAUL: The collection of solid waste in excess of the maximum amounts of solid waste to be collected by the city at a single collection or any collection of any material not defined in this section as "solid waste".

SPECIAL WASTE: Solid waste which has characteristics which make it unsuitable for collection and/or processing by regular or routine methods. Such wastes will be collected and/or processed separately from the regular collection and procedures.

WALK IN SERVICE: Service where one solid waste container may be placed for collection not more than seventy five feet (75') from the curb face. Such service shall be limited to customers who are blind, disabled, or, for some physical reason, cannot move their container to the curb or alley. Such hardship cases will be reviewed and a decision made on an individual basis by the public works director. (Ord. 513, 11-21-1994; amd. 1996 Code; Ord. 551, 3-20-2001)

A. Use Of Collection Service Required: All dwellings, apartment houses, and places of business in which solid waste accumulates within the city or service areas in the county of Kings utilizing city provided municipal services (hereinafter "city service area"), including, but not limited to, water, sewer, refuse and others as provided by the city of Corcoran, shall be required as a condition to these services being made available to them to use the solid waste collection service of the city or a duly permitted collector and to pay the charges set forth in this chapter.

B. Separate Recyclables:

1. All residential customers within the city service area shall be provided with once a week recyclables container services by the authorized agent in accordance with instructions; residential customers shall separate and place recyclables curbside, or in other recyclables bin container locations as approved and directed by the city, for collection. All persons using the city solid waste collection service or a duly permitted collector shall separate recyclables from all other solid waste produced at their premises.

2. An owner, landlord or agent of an owner or landlord of a multi-family rental property with three (3) or more units on single water service, shall comply with its separation responsibilities by establishing a collection and storage system for separated recyclables at each premises.

3. Any failure by a residential customer, owner, landlord or agent of an owner to properly separate recyclables from other waste and/or comply with the requirements of subsection B1 or B2 of this section, as relevant, may result in certain fines and/or administrative penalties, as set forth in section 4-2-12 of this chapter. (Ord. 582, 3-23-2005)

C. Placement Of Containers For Collection; City Control: Solid waste, when placed out in appropriate containers for collection shall be deemed under control of the city. (Ord. 513, 11-21-1994)

D. Greenwaste Bin Containers:

1. All residential customers within the city service area shall be provided with once a week greenwaste container services by the city's authorized agent. In accordance with instructions received from the city and/or its authorized agent, residential customers shall separate and place greenwaste curbside, or in other greenwaste bin container locations as approved and directed by the city for collection. (Ord. 582, 3-23-2005)

2. It shall be unlawful for any nonresidential customer to deposit greenwaste into any container designated as a "residential greenwaste container" by the city.

3. For purposes of this section, "residential customer" means all single- and multi-family and mobile home park residences within the city limits. "Nonresidential customer" means all customers not classified as a residential customer, including businesses and/or individuals engaged in tree trimming and/or lawncare services for monetary compensation. (Ord. 556, 2-5-2002)

A. Frequency And Amount Of Collection:

1. The city shall collect at regular intervals as established by resolution of the city council from all dwelling units in the service area, one or more automated solid waste containers provided by the city or its contract collector. Special collections may also be provided in addition to the regular collection periods and may be contracted for by other than the city or the contract collector.

2. In cases of dispute, the public works director shall determine the number of containers required to provide for the efficient collection of solid waste at any premises.

B. Responsibilities Of Residential Curb Service Customers: All curb service customers shall place their solid waste containers at the curb no earlier than seven o'clock (7:00) P.M. on the day prior to collection and no later than five o'clock (5:00) A.M. on the day of collection and shall remove the empty containers from the curb and public view no later than twelve o'clock (12:00) midnight on the day of collection. (Ord. 513, 11-21-1994)

C. Collection Of Greenwaste; Residential: Greenwaste shall be separated by the curb service customer from all other solid waste and shall be placed only in a greenwaste container for collection in accordance with this chapter and resolutions of the city council. Tree trimmings and limbs too numerous or large to be placed in the separate greenwaste container will be collected as a special haul at an additional fee to the customer so long as the tree trimmings and limbs are less than four inches (4") in diameter and are tied at each end in bundles which do not exceed four feet (4') in length and forty (40) pounds in weight. (Ord. 551, 3-20-2001)

D. Alley Service Customers; Placement Of Containers: Customers receiving alley service shall place their solid waste containers in the alley at the property line within the time limitations prescribed in subsection B of this section.

E. Containerized Service; Residential Areas: Containerized service may be used in residential areas for apartments and multiple-family dwellings and for single unit dwellings if approved by the public works director. In cases of dispute, the public works director shall determine the number of containers and/or the number of times per week solid waste shall be collected from a premises. (Ord. 513, 11-21-1994)

F. Containers To Be Kept Clean: All solid waste containers shall be kept in a clean and sanitary condition and covered at all times. Should a customer fail to keep a container in a clean and sanitary condition, and upon failure to do so after notice from the city and/or its authorized agent, the city and/or its authorized agent, may clean and sanitize the container and charge for said service on the regular utility bill.

G. Containers To Not Block Public Right Of Way: All solid waste containers shall be kept in a manner, and placed for collection in a manner, which does not obstruct and/or interfere with a public right of way, including, but not limited to, any alley, street or driveway. In addition, no solid waste container, when placed at the curb or in any alley for service shall be placed in the street or gutter.

H. Containers Stored Out Of Public View: All residential customers, whether receiving curb or alley service, shall store solid waste containers out of view of the public right of way. Apartments and multiple-family dwellings utilizing approved containerized service, shall also store such solid waste containers in a manner which avoids view of the containers from the public right of way. (Ord. 582, 3-23-2005)

All rates and charges for solid waste collection service for residential, commercial, and containerized service shall be fixed by resolution of the city council and may include a charge to each residential, commercial, and containerized service within the service area for street sweeping. (Ord. 513, 11-21-1994)

A. Collection Charges: Solid waste collection charges shall be included on the regular city utility bill. The charges shall be paid at the same time and in the same manner as other utility charges are paid, and all rules and regulations governing the collection of utility bills shall apply in every particular in the collection of solid waste service bills.

B. Partial Payment: Any payment received for city utility charges in an amount less than the total billed shall be treated as a partial payment for each such charge and the amount received shall be allocated to the separate accounts in the same ratio as each such charge bears to the whole of the bill.

C. Extra Charges: The charges for the collection of solid waste resulting from the normal use of a premises shall not be construed as preventing the city from imposing reasonable extra charges for the removal of excessive amounts of solid waste.

D. Exempt Premises: Any person who does not have or produce solid waste on any premises used by him/her, for other than residential purposes and which are not inhabited by an occupant, may file with the public works director an affidavit to that effect. Upon review of the affidavit and inspection of the premises, the public works director may approve or disapprove the affidavit. Upon approval, the premises shall be exempt from any charge for garbage collection. Whenever any person who has previously filed any such affidavit shall commence to produce any solid waste on such premises, he/she shall immediately notify the public works director. The filing of a false affidavit or the failure to notify the public works director of the fact that solid waste is being produced, shall constitute a misdemeanor, and no affidavit so filed shall operate or be effective to exempt any premises for solid waste collection charges. (Ord. 513, 11-21-1994)

All charges for solid waste collection service included on utility bills shall be due and payable at the same time as other utility charges. If a bill for solid waste service is not paid within the time provided, the city may discontinue water service to the premises after following the rules and regulations governing the collection of utility bills as established by resolution of the city council. (Ord. 513, 11-21-1994)

A. Except for duly licensed solid waste facilities, it shall be unlawful for any occupant or owner of any building, lot, or premises in the city to allow or permit to collect or remain in such premises any solid waste determined to be a public nuisance as defined in chapter 1 of this title.

B. Except for the normal accumulation of solid waste before the normal collection date, all premises shall be kept free of solid waste. The owner, occupant or operator of any premises shall be responsible for the safe and sanitary storage of all solid waste and recyclables accumulated on the premises. (Ord. 513, 11-21-1994)

It shall be unlawful for any person to bury, dump, burn, or permit to be buried, dumped, or burned any solid waste in any place within the city, and all solid waste in the city shall be placed in "solid waste containers" as defined in section 4-2-1 of this chapter. (Ord. 513, 11-21-1994)

The public works director shall enforce the provisions of this chapter and shall have the power to establish rules and regulations consistent with the provisions of this chapter governing the keeping, collection, removal, and disposal of solid waste. (Ord. 513, 11-21-1994)

A. Nuisance; Scavenging:

1. Residential Property: No person shall rummage through, scavenge or remove any material from any trash receptacle, trash dumpster, or other solid waste or recyclable material container which is stored on residential use private property (4 or fewer dwelling units) pending collection for disposal or recycling or which has been placed at the adjacent curb or side of any public street for residential or household trash collection or for disposal or recycling, other than the owner or tenant of such property or an authorized recycling agent or a solid waste enterprise operating pursuant to an agreement with the city or authorized city employees for purposes of city business.

2. Multiple-Family, Business, Institutional Or Industrial Structures: No person shall rummage through, scavenge or remove any material from any trash receptacle, trash dumpster, or other solid waste or recyclable material container which is stored on any private property improved with a multiple-family dwelling structure (5 or more dwelling units), business use structure, institutional use structure or an industrial use structure pending collection for disposal or recycling, other than the owner or tenant of such property, unless such person is the owner and/or tenant in possession of such property or unless such person is an authorized recycling agent or a solid waste enterprise validly operating in the city pursuant to an agreement with the city or authorized city employees for purposes of city business.

3. Enforcement: Enforcement of this subsection A shall be as prescribed in subsection 1-7A-5A of this code. (Ord. 604, 6-16-2008)

A. A contract for the collection and disposal of solid waste material may be entered into between the city and a private contractor for a period not to exceed fifteen (15) years subject to the provisions of this code and other applicable laws. (Ord. 582, 3-23-2005)

B. Except as otherwise provided in this chapter, the contract agent shall have the sole and exclusive right to collect and dispose of all solid waste accumulated within the service area and transport same throughout the streets and public ways of the service area.

C. Any such contract may be entered into by the city and accepted by resolution of the city council upon terms deemed necessary to protect the interests of the city and consistent with this chapter. (Ord. 513, 11-21-1994)

A. Generally: The provisions of this chapter are necessary to protect the health, safety and welfare of the citizens of the city and to provide compliance with the act. The provisions of this section shall govern the following:

1. The collection and disposal of solid waste accumulations from construction and heavy commercial and industrial sites within the city, including, without limitation, the collection and disposal of rocks, concrete, bricks, dirt, plaster and building materials and other solid waste accumulations of such quantity and/or frequency as to be in excess of the normal capacity of the solid waste equipment used by the city or its contract collector.

2. The collection, handling and processing of recyclable materials including recyclables from buy back centers.

3. The permitting, licensing and reporting requirements for solid waste collectors and processors and solid waste facilities. (Ord. 513, 11-21-1994)

B. Persons Authorized:

1. Any person franchised by the city of Corcoran is hereby authorized to furnish by contract with the owner of any premises within the city, subject to the conditions, limitations, and provisions contained in this section, special services for the handling and disposal of solid waste, including, without limitation, rocks, concrete, bricks, dirt, plaster, and building materials and other refuse accumulations of such quantity and/or frequency as to be in excess of the normal capacity of the solid waste equipment used by the city or its contract collector.

2. Any person franchised by the city of Corcoran is hereby authorized to furnish by contract with the owner of any premises or business within the city, subject to the conditions, limitations and provisions contained in this section, special services for the collection, handling and/or processing of recyclable materials. (Ord. 582, 3-23-2005)

3. Subject to the conditions, limitations and provisions contained in this section, any person within the city may establish a properly located buy back facility. (Ord. 513, 11-21-1994)

C. Franchise Required:

1. No person who has not entered into a franchise agreement with the city of Corcoran for purposes of providing solid waste collection services within the city service area, may enter into a contract with the owner of any premises or business within the city service area to provide special services for solid waste described in this section.

2. In order to monitor the amount of solid waste diverted from any landfill, all franchisees having entered into a franchise agreement with the city of Corcoran for purposes of providing solid waste collection services within the city service area, are required to prepare and submit quarterly written "Report Of Solid Waste Processed" to the public works director and KWRA by April 10, July 10, October 10, and January 10 of each year. The report shall contain the following information:

a. The name, address and telephone number of the person conducting the solid waste collection and/or processing.

b. The type of solid waste collected and/or processed.

c. Total tonnage of solid waste collected or received for processing during that respective quarter.

d. Type of and tonnage of recyclables collected, received and processed.

e. Destination of processed recyclables.

f. Destination for disposal of nonrecyclable solid waste.

3. All franchisees who dispose of nonrecyclable solid waste must enter into an agreement with the KWRA which shall provide that KWRA will accept the solid waste collected and/or processed by the franchisee for the term of the franchise agreement and the franchisee will deliver all such solid waste to KWRA's designated facility. Receipt by the city of an executed copy of said agreement shall be a condition precedent to the city's approval of a franchise agreement.

4. The requirements set forth in this subsection may be altered, amended and/or supplemented by the city in its franchise agreement with any franchisee. In absence of contradictory terms within a franchise agreement, however, the franchise is required to comply fully with the provisions set forth within this subsection. (Ord. 582, 3-23-2005)

A. Except as may be otherwise established by resolution of the city council, any person who shall violate any of the provisions of this chapter shall be guilty of an infraction, and upon conviction thereof, be punished according to subsection B of section 36900 of the California Government Code, as follows:

1. Fines:

2. Notification: All fines assessed pursuant to this section shall be paid to the city not more than thirty (30) days following receipt of written notice of assessment of the subject fine. The failure to pay a fine due and owing under this section in a timely manner constitutes a debt to the city which may be enforced thereby through all available means, including filing of an action for collection in the appropriate division of the Kings County superior court. Notice of any fine assessed pursuant to this section shall be included with the regular bill for such service.

3. Failure To Pay: Any failure to pay a fine assessed under this section within thirty (30) days of receipt of notice of assessment may result in discontinuation of water service to the subject location. This provision shall not apply where it appears that the person occupying the premises is not the party responsible for water service charges on those premises.

B. In addition to any fine and/or infraction violation as discussed above, any person, owner and/or agent of owner, violating the provisions of this chapter more than three (3) times in one calendar year, may be required to attend an approved recycling and/or waste collection training session. The city council and/or its authorized agent shall, by resolution, establish the amount of the nonrefundable fee required to participate in such session. In addition, the city council and/or its authorized agent shall, by resolution, approve the schedule, content and length of such training session. (Ord. 582, 3-23-2005)

A. In all cases of dispute or complaints arising from or concerning the place where the solid waste or recycling receptacles shall be placed while awaiting the removal of their contents, and/or while in use by a solid waste customer, the city council, or their authorized agents, shall forthwith designate the place and its decision shall be final.

B. Any person, owner and/or agent of owner having received notice of a fine being assessed under this chapter may appeal the assessment and/or amount of the fine to the Corcoran city council, as follows:

1. The notice of appeal must be submitted in writing, must specify the basis for the appeal in detail, and must be filed with the city within ten (10) calendar days after the date of assessment. If the deadline falls on a weekend or city holiday, the deadline shall be extended until the next regular business day.

2. If a notice of appeal is filed in accordance with the provisions of this section, the responsibility of the person, owner and/or agent of owner to whom the assessment was issued shall be stayed until the date that the appeal hearing is held by the city council.

3. As soon as practicable after receiving the written notice of appeal, the city shall fix a date, time and place for the hearing. Written notice of the date, time and place for the hearing shall be served at least ten (10) calendar days prior to the date of the hearing to the party appealing a fine, by first class mail, to the address listed on the notice of appeal. The failure of any person(s) to receive such notice, where the same was mailed by the city to the proper address and with adequate postage paid thereon, shall not affect the validity of any proceedings taken under this chapter. Service in the manner described herein shall become effective on the date of mailing.

4. Failure of any person, owner and/or agent of owner to file an appeal in accordance with the provisions of this section shall constitute a waiver of that person's right to administrative determination of the merits and/or amount of any fine and/or assessment levied pursuant to this chapter.

5. Following an orderly proceeding at which oral and written evidence regarding the appeal has been accepted and considered by the city council, the city council may sustain, modify or overrule the assessment and/or fine. The decision of the city council regarding any appeal is the final administrative order and decision. (Ord. 582, 3-23-2005)