Culver City Municipal Code Ch. 5.01 Solid Waste Management

Whenever in this Chapter the following terms are used, they shall have the meaning ascribed to them, unless it is apparent from the context thereof that some other meaning is intended.

CITY AGENT. Any employee or agent of the City designated by the City Manager or City Council, or any person under contract with the City, or agent or employee of such person, with authority for directing the collection and disposal of garbage, rubbish and other refuse.

CONTAINER. Any vessel, tank, receptacle, box or bin used or intended to be used for the purpose of holding solid wastes, recyclable materials, and recyclable waste materials.

CORPORATIONS. Corporations, copartner-ships, and all business enterprises, associations or organizations, however designed.

HANDLER. A person or corporation who collects, transports, or otherwise disposes of solid wastes, recyclable materials, or recyclable waste materials.

HAZARDOUS WASTE. A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:

1. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or

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

NON-COMBUSTIBLE SOLID WASTE. Ashes, bottles, broken crockery, glass, tin cans and metallic substances which will not incinerate through contact with flames of ordinary temperature.

PROCESSING. Reduction, separation, recovery, conversion or recycling of solid waste.

RECYCLABLE MATERIAL. Materials that are segregated from other waste material for the purpose of recycling. This includes, but is not limited to, paper, glass, metals, wood, plastics, wastes, bulky goods, waste oil, and construction and demolition materials that are sold by the owner thereof to a third party.

RECYCLABLE MATERIAL HANDLING. The collection, transportation, storage, transfer, or processing of recyclable materials.

RECYCLABLE WASTE MATERIAL. Discarded materials such as, but not limited to, newspapers, glass and metal cans, which are separated from other solid waste for the purpose of recycling and which are not sold to a third party.

RECYCLABLE WASTE MATERIAL HANDLING. The collection, transportation, storage, transfer, or processing of recyclable waste materials.

RECYCLING. The process of collecting, sorting, cleaning, treating and reconstituting materials that would otherwise be disposed of by landfilling or transformation, and returning materials to the economic mainstream in the form of raw material for new, reused or reconstituted products.

SOLID WASTE. All putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid or semisolid wastes, but not including hazardous waste as defined herein, radioactive waste regulated pursuant to the State Radiation Control Law, and untreated medical waste regulated pursuant to the State Medical Waste Management Act. Materials which are discarded and thereafter recycled are considered solid wastes for purposes of this Chapter. Materials which are sold by the owner thereof to a third party and thereafter recycled are not considered solid wastes for purposes of this Chapter.

SOLID WASTE HANDLING. The collection, transportation, storage, transfer, disposal, or processing of solid wastes.

TRANSFER STATION. The site where collected refuse may be transferred to vehicles which will haul the refuse to a disposal site.

(Ord. No. 2001-012 § 1 (part); Ord. No. 2002-016 § 1 (part); Ord. No. 2006-009 § 22 (part))

A. Solid waste handling and recyclable waste material handling shall be performed exclusively by the City or its authorized agents. The City Council may regulate, by ordinance or resolution, all aspects of solid waste handling and recyclable waste material handling, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges, fees, and nature, location, and extent of providing solid waste handling services.

B. Any person performing solid waste handling and/or recyclable waste material handling on the effective date of this Section, pursuant to a permit issued by the City, may continue to operate pursuant to the conditions of the permit until its expiration date.

(Ord. No. 2001-012 § 1; Ord. No. 2002-016 § 1 (part))

A. Handlers of recyclable materials within the City shall, in addition to obtaining a business tax certificate, obtain a Recyclable Material Collection and Disposal Permit from the City Agent prior to commencing such handling and annually thereafter.

B. Persons operating under such permit shall, on a monthly basis or at such times as determined by the City Agent, submit a report to the City Agent specifying the amount of recyclable materials collected within the City, the location(s) from which the recyclable materials were collected, and the location(s) to which the recyclable materials were brought.

1. Such report shall be kept confidential unless otherwise provided by law.

2. Failure to submit timely reports shall be a basis for revocation of the Recyclable Material Collection and Disposal Permit.

C. The City Agent shall have the right to audit the records of handlers who have received a permit pursuant to this Section.

(Ord. No. 2001-012 § 1 (part); Ord. No. 2002-016 § 1 (part))

A. In the event of breakdown of City equipment or other unforeseen or unpreventable circumstances, the City Manager may issue limited or temporary permits to private persons or corporations to perform any of the services covered by this Chapter, subject to fees or charges agreed upon.

B. Charges for any period exceeding 30 days shall be approved by the City Council.

(Ord. No. 2001-012 § 1 (part); Ord. No. 2002-016 § 1 (part); Ord. No. 2006-009 § 22 (part))

A. Ownership of solid waste or recyclable material placed in or near a refuse container that has not been set out for collection shall remain vested in the person for whom the material was placed in or near the container.

B. Ownership of solid waste and recyclable material set out for collection shall be vested in the City.

C. It shall be unlawful for any person to handle or remove solid waste or recyclable material in or near a refuse or recycling container unless:

• 1. The ownership of the solid waste or recyclable material was or is vested in the person; or
• 2. The person is acting at the request of the person in whom the ownership was or is vested; or
• 3. The person is a City Agent acting within the course and scope of his or her duties.

(Ord. No. 2002-016 § 1 (part))

A. It shall be unlawful for any person to dump, deposit, place or bury solid waste in or upon any lot, land, street, alley or public place, nor throw such solid waste in any creek, stream, water or water way within the City.

B. Any unauthorized accumulation of solid waste on any premises is hereby prohibited and declared to be a nuisance.

(Ord. No. 2001-012 § 1 (part); Ord. No. 2002-016 § 1 (part))

It shall be unlawful for any person to cast, place, sweep or deposit anywhere within the City any solid waste in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, storm drain, parkway, or any other public place, or into any occupied premises within the City.

(Ord. No. 2001-012 § 1 (part); Ord. No. 2002-016 § 1 (part))

A. All persons shall utilize containers provided by the City for the disposal of solid waste and recyclable waste materials.

B. Persons operating pursuant to a Recyclable Material Collection and Disposal Permit shall utilize containers which shall be water-tight, constructed of metal or material of equal strength and durability, with handles on the outside thereof and with a tight-fitting cover.

1. Non-combustible rubbish, with the exception of tin cans and glassware, may be deposited in well-constructed wooden crates or boxes.

2. Tin cans and glassware shall be deposited in a separate water-tight container and, unless so separated the City Agent, shall not be required to remove same from the premises.

3. Such solid wastes which cannot be placed in a container may be securely tied in bundles under 40 pounds in weight.

4. Tree limbs, trunks, hedge cutting, brush and lumber shall not exceed four feet in length.

(Ord. No. 2001-012 § 1 (part); Ord. No. 2002-016 § 1 (part))

Before placing in a receptacle, solid waste containing liquids shall be drained, and matter subject to decomposition shall be wrapped in paper or other combustible material.

(Ord. No. 2001-012 § 1 (part); Ord. No. 2002-016 § 1 (part))

City-provided containers shall be placed on the curb in front of the premises occupied by person depositing same, unless another location has been designated by the City Agent, not earlier than sunset of the date prior to that established for collection on the particular route involved, and such containers shall be removed from the place of collection no later than midnight on the day of collection.

(Ord. No. 2001-012 § 1 (part); Ord. No. 2002-016 § 1 (part))

A. Application. Upon application to the City Agent, junk and solid waste exceeding the limitations set forth in this Chapter may be scheduled for special collection, and charges therefor may be assessed by the City Agent.

B. Contagious disease solid waste. The removal of wearing apparel, bedding or other refuse from homes, hospitals, or other places where highly infectious or contagious diseases have prevailed, shall be performed under the supervision and direction of the County Health Officer, and such solid waste shall neither be placed in containers nor left for regular collection and disposal.

C. Inflammable, explosive, or radioactive solid waste. Highly inflammable or explosive or radioactive solid waste shall not be placed in containers or receptacles for regular collection and disposal, but shall be removed under the supervision of the Fire Chief at the expense of the owner or possessor of the material.

(Ord. No. 2001-012 § 1 (part); Ord. No. 2002-016 § 1 (part))

The City Agent shall have the authority to make such other reasonable rules and regulations concerning individual collection and disposal, and relating to the hauling of solid waste over City streets by private persons, or relating to the operation of a transfer station, as he or she shall find necessary, subject to the right of appeal from his or her order to the City Manager, and from said orders of the City Manager to the City Council.

(Ord. No. 2001-012 § 1 (part); Ord. No. 2002-016 § 1 (part); Ord. No. 2006-009 § 22 (part))

A. Violation of the rules and regulations set forth in this Chapter may result in refusal to handle solid waste and the placing thereon of a tag at least 21/8" x 53/4" in size.

B. The reason for such refusal to handle shall be indicated on said tag.

C. If there is a refusal to handle pursuant to this Section, payment for the attempted solid waste handling shall be required as well as for any additional handling after the violation is rectified.

(Ord. No. 2001-012 § 1 (part); Ord. No. 2002-016 § 1 (part))

A. The City Council may, by resolution, establish fees for solid waste handling.

B. Such fees may be collected by placement on property tax bills or by monthly billing, as the City Council determines.

(Ord. No. 2001-012 § 1 (part); Ord. No. 2002-016 § 1 (part))

Payment of charges for solid waste handling services is due on or before the last day of the month following the month in which the service was rendered. Should the due date occur on the weekend or legal holiday, the payment must be received by the City on the first regular business day following the weekend or legal holiday. (Ord. No. 2001-012, § 1 (part); Ord. No. 2002-016 § 1 (part); Ord. No. 2026-010 § 1 (part))

A. Late charge. Penalty for nonpayment of billing for solid waste refuse collections services shall be established by resolution of the City Council and may be amended by the City Council from time to time. This penalty provision shall not be construed to preclude or limit the enforcement of the penalty provisions of this Chapter.

B. Request for waiver.

1. The City Manager, or designee, shall create written policies and procedures for considering and approving a request for waiver of late charges.

2. The Chief Financial Officer and the Public Works Director, or their respective designees, have the authority to approve a request for waiver of late charges.

3. The Chief Financial Officer's and the Public Works Director's denial of a request for waiver may be appealed to the City Manager. Appeals shall be submitted in writing and filed with the City Clerk within fifteen (15) days of the denial of such request. The decision of the City Manager shall be final.

C. Penalties. Delinquent accounts, including late charges, shall be recoverable by civil action of the City. Willful failure to pay a delinquent account shall be deemed a violation of this Code and be punishable as a misdemeanor.

D. Suspension of service. In addition to the penalties and remedies established in this Section, the City Agent may suspend service to an account which has been delinquent for longer than sixty (60) days, provided not less than thirty (30) days written notice of the suspension has been given to the account holder at the service address and full payment has not been received. Solid waste collection services may be reinstated upon full payment of the delinquent account.

(Ord. No. 2001-012 § 1 (part); Ord. No. 2002-016 § 1 (part); Ord. No. 2011-001 § 1 (part); Ord. No. 2026-010 § 1 (part))

A. Any business entity protesting charges billed for additional solid waste handling shall make payment of such charges and, at the same time, file a written protest with the City Accounting Department.

B. Within thirty (30) days thereafter the Department shall notify the business entity of his or its decision.

C. The business entity may appeal the decision of the City Accounting Department to the City Council, whose decision on such appeal shall be final.

(Ord. No. 2001-012 § 1 (part); Ord. No. 2002-016 § 1 (part))

Disposal of solid waste shall be made outside of the City limits, unless otherwise specifically authorized by the City Manager.

(Ord. No. 2001-012 § 1 (part); Ord. No. 2002-016 § 1 (part); Ord. No. 2006-009 § 22 (part))

A. A permit must be obtained from the City Agent by any handler desiring to operate privately owned vehicles and containers on City streets for the handling of solid wastes, recyclable materials and recyclable waste materials.

B. The permit must be prominently displayed on each vehicle at all times it is within the City.

C. Vehicles other than containers must be water-tight, provided with a tight cover, and so operated as to prevent the escape of offensive odors and solid waste and recyclable materials from being blown, dropped or spilled.

D. Failure to display a permit as provided by this Section shall be a violation of this Chapter.

E. Vehicles and containers without such permits which are left on the City right-of-way may be removed by the City at the owner's expense.

(Ord. No. 2001-012 § 1 (part); Ord. No. 2002-016 § 1 (part))

A. Applicability of section. The regulations hereinafter set forth shall apply to all construction within the City, including any construction wherein an existing building is modified, altered or added to or pursuant to a building or demolition permit.

B. Closure requirements. Every container, including compactors, used in any residence of four (4) or more, and in any commercial, manufacturing or industrial zone, shall be provided with and kept in an enclosed container area.

1. Areas for containers and compactors shall be of adequate size to accommodate the required number and size containers and compactors as assigned by the Sanitation Manager.

2. Location of container areas shall be jointly approved by the Sanitation Manager and the Planning Director.

3. Each area shall be cement paved, enclosed with a six-foot high masonry wall, using materials, color, and texture compatible with the building(s) it services, and be provided with six-foot minimum width opaque doors for ready removal of containers.

4. The intersection of the enclosure wall with both the cement floor (internal) and with the external surface adjoining the wall, shall be radius a minimum of 1.5 inches.

5. Each container shall remain in the enclosure with doors closed when not in use.

6. The enclosure and doors shall be maintained as constructed and remain in working order at all times.

C. Building and Demolition Permits.

1. City Building and Demolition Permits are issued with the condition that the permittee agrees to abide by the provisions of this Chapter.

2. In addition to the provisions set forth in § 5.01.105, the City may stop work being performed pursuant to a building and/or demolition permit issued to a person violating any provision of this Chapter.

D. Prevailing sections. Should there be any conflict between the provisions of this Section and any other section of this Code, then this Section shall prevail.

(Ord. No. 2001-012 § 1 (part); Ord. No. 2002-016 § 1 (part))

A. It shall be unlawful for any person to provide solid waste handling services, recyclable material handling services, or recyclable waste material handling services within the City without a permit.

B. It shall be unlawful for any person to operate a vehicle for providing solid waste handling services, recyclable material handling services, or recyclable waste handling services within the City unless a permit is issued for that vehicle or container and affixed thereon. In addition to any other remedies provided by law, the City may remove any vehicle operated or maintained on a public right-of-way within the City without a permit.

C. It shall be unlawful for any person to utilize the services of a handler who is not in compliance with the provisions of this Chapter.

D. It shall be unlawful for any person to utilize a container not in compliance with the provisions of this Chapter.

E. A violation of this Section or any of the provisions of this Chapter shall be a misdemeanor.

(Ord. No. 2001-012 § 1 (part); Ord. No. 2002-016 § 1 (part))