Cudahy Municipal Code Art. VI Exclusions

No provision of this chapter shall prevent residential householders from collecting and disposing of occasional loads of solid waste generated in or on their residential premises, or from composting green waste, or from selling or disposing of recyclable materials generated in or on their residential premises; provided, however, that no residential householder shall employ or engage any solid waste enterprise, other than a residential collector with a collection agreement, to haul or transport such materials. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-6.1).

No provisions of this chapter shall prevent a gardener, tree trimmer or person engaged in a similar trade from collecting and disposing of grass cuttings, prunings, and similar material not containing other solid waste when incidental to providing such gardening, tree trimming or similar services. Gardeners must either use the organics container for residential premises or a commercial or multifamily dwelling premises, or shall take organic waste generated to a permitted organic waste processing facility as required by this chapter. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-6.2).

(1) Source Separated Recyclable Materials.

(a) No provision of this chapter shall prevent a commercial/industrial business owner from selling to a buyer, for monetary or other valuable consideration, any source separated recyclable materials, including, without limitation, any saleable scrap, discard, reject, byproduct, ferrous or nonferrous metal, worn out or defective part, junk, pallet, packaging material, paper or other similar item generated in, on or by a commercial/industrial premises or business, and no longer useful to such commercial/industrial business owner but having market value, whether such buyer is a recycler, junk dealer, or other enterprise engaged in the business of buying and marketing such materials; provided, however, that such buyer is not engaged in the business of collecting solid waste for a fee or other charge or consideration, and that no such materials are transported for disposition to a landfill or transfer station (as defined in Public Resources Code Section 40200). “Source separated recyclable materials,” within the meaning of this article, shall mean recyclable materials separated on a commercial/industrial premises from solid waste for the purpose of sale, not mixed with or containing more than incidental or minimal amounts of solid waste, and having a market value.

(b) No provision of this chapter shall prevent a recycler, junk dealer or other enterprise engaged in the business of buying and marketing such materials and which is not engaged in the business of collecting solid waste or providing solid waste collection services for a fee or other charge or consideration from buying any materials referenced in this subsection (1) for monetary or other valuable consideration, and which buys such materials for marketing and not for disposition in a landfill or transfer station (as defined in Public Resources Code Section 40200); nor shall any provision of this chapter prevent such recycler, junk dealer or enterprise which buys such materials from removing and transporting such materials to a destination for marketing. No such buyer shall buy or transport such materials without prior authorization from the city, as required by this code, whether in the form of a business license, a business permit, or a collection agreement.

(2) Renovation, Rebuilding, Repairs. No provision of this chapter shall prevent a commercial/industrial business owner from arranging for any worn, spent, or defective equipment, or part thereof, used in such commercial/industrial business and requiring renovation, rebuilding, recharging, regeneration or repair, to be picked up, renovated, rebuilt, recharged, regenerated or otherwise restored and repaired and returned to such commercial/industrial business owner; nor shall any provision of this chapter prevent any person engaged in the business of renovating, rebuilding, recharging, regenerating, or otherwise restoring or repairing such equipment, or part thereof, from transporting the same from or returning it to the commercial/industrial business, or from removing, transporting or disposing of any such equipment, or part thereof, replaced in connection with an equipment repair or service contract. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-6.3).

No provision of this chapter shall prevent a licensed contractor having a contract for the demolition or reconstruction of a building, structure, pavement, or concrete installation from marketing any saleable items salvaged from such demolition or reconstruction, or from causing such salvageable items or construction or demolition waste to be removed and transported from the premises on which such waste is generated pursuant to the provisions of the demolition or construction contract. If a subcontractor is to be engaged to remove such construction or demolition waste, the commercial/industrial collector with a collection agreement shall have the right of first refusal to provide such services. If the franchise collector cannot guarantee that such services will be provided within a period of 24 hours, for a per-bin charge that does not exceed the maximum permitted by the collection agreement, the city manager may authorize the licensed contractor or the owner of the premises to utilize the services of another collector. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-6.4).

No provision of 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. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-6.5).

Notwithstanding CMC 8.12.290(3), and in addition to the authority granted by CMC 8.12.220, nothing in this chapter shall prevent a commercial/industrial business owner or residential householder from, on a regular basis, collecting and disposing of solid waste generated in or on their premises using the generator’s own vehicles, equipment and employees, in lieu of availing themselves of the services of the collector. No residential householder or commercial/industrial business owner shall employ or engage any solid waste enterprise, other than a collector authorized by the city, to haul or transport such materials to a transfer station or landfill; provided, however, that any residential householder or commercial/industrial business owner who, pursuant to this section, seeks to collect and dispose of solid waste generated in or on their premises on a regular basis, must first obtain a self-haul permit from the city, and must comply with procedures for self-hauling adopted by the city council by resolution.

Persons operating under the provisions of this chapter or other applicable sections of this code for the purposes being classified as a self-hauler disposing of refuse, green waste, compost, or other organic or nonorganic matter, pursuant to the exceptions contained within the provisions set forth in this chapter, shall deposit such solid waste only at a lawfully permitted organics processing facility which has been approved by all jurisdictional entities. The city shall reserve the right to require self-haulers to report to the city the type, quantity, value, weight, and destination of all solid waste removed, processed, diverted from landfilling, and/or disposed of under the provisions set forth in this chapter.

Every self-hauler shall source separate its recyclable materials and organic materials (materials that the city otherwise requires generators or responsible parties to separate for collection in the city’s recyclable materials and organic materials collection program) generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2 and the city’s collection program. Self-haulers shall deliver their materials to facilities described in subsection (2) of this section. Alternatively, self-haulers may or choose not to source separate recyclable materials and organic materials and shall haul its solid waste (that includes recyclable materials and organic materials) to a high diversion organic waste processing facility that is approved by the city.

Self-haulers that source separate their recyclable materials and organic materials shall haul their source separated recyclable materials to a facility that recovers those materials; haul their source separated organic waste to a facility, operation, activity, or property that processes or recovers source separated organic waste; and haul their solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste.

Self-haulers that are responsible parties of multifamily/commercial/industrial/institutional establishments shall keep records of the amount of recyclable materials, organic waste, and solid waste delivered to each facility, operation, activity, or property that processes or recovers recyclable materials and organic waste and processes or disposes of solid waste or shall keep records of solid waste delivered to high diversion organic waste processing facilities. These records shall be subject to inspection by the city or its designee. The records shall include the following information:

(1) Delivery receipts and weight tickets from the entity accepting the recyclable materials, organic materials, and solid waste.

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

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

(4) A single-family generator or single-family responsible party that self-hauls recyclable materials, organic waste, or solid waste is not required to record or report information in subsections (2) and (3) of this section. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-6.6).

In all cases where the right to an exclusion pursuant to CMC 8.12.220 through 8.12.270 is exercised, disposal shall be made at a permitted disposal or processing facility which meets all applicable regulatory requirements. Any such disposal by a person exempted under this article shall not relieve such person from any obligation or liability imposed by this chapter or any other city ordinance, resolution, rule or regulation for the payment of the minimum solid waste and recyclable materials disposal rates imposed pursuant to this chapter, or of any other applicable rates or fees. Notwithstanding the foregoing, the following shall be exempt from the payment of the solid waste collection rates imposed for use of the services provided by a collector: (1) any person with a valid self-haul permit obtained pursuant to CMC 8.12.270 who does not use the solid waste collection services offered by a collector; and (2) any owner of vacant property who does not use the solid waste collection services offered by a collector, for the period of time the property is vacant. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-6.7).