Cupertino Municipal Code Ch. 9.16 Solid Waste, Non-Organic Recycling and Recycling Areas

A. The City is required to comply with the applicable provisions of the California Integrated Waste Management Act (AB939 or "Act"), as amended, which is codified in the California Public Resource Code beginning at section 40000. The Act requires that by and after January 1, 2000, fifty percent (50%) of the solid waste generated must be diverted through source reduction, recycling and composting activities. In 2014, the Act was amended by Assembly Bill 1826 which requires that by April 1, 2016 a business that generates eight (8) cubic yards or more of organic waste per week must arrange for recycling services specifically for organic waste; by January 1, 2017, a business that generates four (4) cubic yards or more of organic waste per week must arrange for recycling services specifically for organic waste; by January 1, 2019, a business that generates four (4) cubic yards or more of commercial solid waste per week, must arrange for recycling services specifically for organic waste; by January 1, 2020, if the State determines that statewide disposal of organic waste has not been reduced to fifty percent (50%) of the level of disposal during 2014, a business that generates two cubic yards or more per week of commercial solid waste must arrange for the organic waste recycling, unless the State determines that this requirement will not result in significant additional reductions of organics disposal.

B. The lack of adequate areas for collecting and loading recyclable materials that are compatible with surrounding land uses is a significant impediment to diverting solid waste and constitutes an urgent need for the City to address access to solid waste for source reduction, recycling and composting activities. The State Legislature, in passing the California Solid Waste Reuse and Recycling Access Act of 1991 (AB 1327), required all local agencies to adopt an ordinance relating to adequate areas for collecting and loading recyclable materials in development projects. The City has adopted the State's model ordinance to fit local conditions, in a manner that complies with AB 1327.

C. Assembly Bill 1826 authorizes the City to allow certain exemptions from the organic waste recycling, including, but not limited to, if there is a lack of sufficient space in multifamily complexes or businesses to provide additional organic material recycling bins.

(Ord. 15-2130, § 2 (part), 2015; Ord. 2085, § 2 (part), 2011; Ord. 1671, (part), 1994)

The words and phrases used in this chapter have the same meaning as set forth in Section 6.24.020 of this Code unless defined in this section. In which case, as used in this chapter:

A. "Business Structure" means a building or buildings within a property occupied by one or more businesses.

B. "Development project" means any of the following:

1. A project for which a building permit is required for a commercial, industrial, institutional or quasi-public building, or residential building having five or more living units, where solid waste is collected and loaded.

2. Any residential project where solid waste is collected and loaded in a location serving five or more living units.

3. Any new public facility where solid waste is collected and loaded, including any improvements to the areas of a public facility which are used for collecting and loading solid waste.

4. Any subdivisions or tracts of single-family detached homes if, within such subdivisions or tracts there is an area where solid waste is collected and loaded in a location which serves five or more living units. In such instances, recycling areas as specified in this chapter are only required to serve the needs of the living units which utilize the solid waste collection and loading area.

C. "Improvement" means a site or building change which adds to the value of a facility, prolongs its useful life, or adapts it to new uses, including but not limited to a building permit, development permit, or use permit.

D. "Director" means the Director of Public Works and his/her duly authorized agents and representatives.

E. "Owner" means the holder or holders of legal title to the real property constituting the premises to which solid waste collection service is provided.

F. "Project applicant" means any person, firm, or governmental agency who executes the necessary forms to procure official approval of a project, land use modification, or a permit to carry out construction of a project.

G. "Public facility" means, but is not limited to, buildings, structures and outdoor recreation areas owned by a local agency.

H. "Recycling area" means space allocated for collecting and loading of recyclable materials including solid waste. Such areas shall have the ability to accommodate receptacles for non-organic and organic recyclable materials, solid waste and grease or cooking oil. Recycling areas shall be accessible and convenient for those who deposit as well as those who collect and load the recyclable materials and solid waste placed in the receptacles. Recycling area is also referred to as solid waste, non-organic recycling and organic recycling enclosures in this Chapter.

I. "Trio set(s)" means a set of permanently installed (anchored to the ground) outdoor receptacles consisting of three separate containers one each for solid waste, non-organic recyclables and organic waste, each labeled to indicate the material type contained therein, and installed together in a visible collection area for public use.

J. "Wet Waste Business" means a business that produces food, organic and/or liquid wastes (collectively "wet waste") which, if left out in the open as opposed to in a secured container, could create a public nuisance as well as a stormwater violation, is a wet waste business. Such businesses include, but are not limited to restaurants, grocery stores, produce markets and florists.

(Ord. 15-2130, § 2 (part), 2015; Ord. 2085, § 2 (part), 2011; Ord. 1671, (part), 1994)

A. The site development regulations prescribed in Section 9.16.040 of this code shall apply to all businesses, business structures and project sites which are subject to City review and approval for improvements, changes or modifications.

B. The City may exempt business structures, owners and/or project applicants from the obligation to comply with some or all of the requirements of this chapter and Chapter 6.24 of this code following the waiver procedures provided in Section 6.24.037.030 of this code.

(Ord. 21-2231, § 1, 2021; Ord. 15-2130, § 2 (part), 2015; Ord. 2085, § 2 (part), 2011; Ord. 1671, (part), 1994)

All projects as provided for in Section 9.16.030 shall provide adequate, accessible and convenient areas for collecting and loading recyclable and separated organic materials, solid waste, including grease and cooking oil. Covered recycling areas built to enclose solid waste, recycling and organics containers, and grease tallow bins are considered accessory structures and are thus subject to the provisions of Chapter 19.100.

A. Recycling areas shall not be located in any area required to be constructed or maintained as unencumbered, according to any applicable federal, state or local laws relating to fire, access, building, transportation, circulation or safety.

B. The development of new or modified recycling areas shall generally comply with the City's Public Works Guidelines for "Non-Residential Building Trash & Recycling Enclosures or Guidelines for Multi-Family Dwelling (5 or more units) Trash and Recycling Enclosures."

C. Any costs associated with adding garbage and recycling enclosure storage space to existing development projects shall be the responsibility of the project applicant or owner.

D. Recycling areas for existing multiple tenant development projects shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project leased by the tenant who submitted an application resulting in the requirement of a recycling area under Section 9.16.030.

E. Outdoor Public Recycling, Organics and Garbage Containers:

1. Trio set(s) must be installed by the project applicant or property owner at all new, improved or modified business structures. An alternative set of bins that provide equal containment of public litter may be allowed if deemed appropriate by the Director. If the Director determines that the potential impact from litter in the vicinity of the business is negligible, this requirement may be waived.

2. One trio set may satisfy the requirement for up to four adjacent businesses at one business structure. The number of trio sets that are required will be determined by the Director and are intended to be sufficient to contain the amount of litter and solid waste that is reasonably expected to be generated from the type and size of the businesses at each business structure.

(Ord. 15-2130, § 2 (part), 2015; Ord. 2085, § 2 (part), 2011; Ord. 1671, (part), 1994)

All wet waste businesses or wet waste business structures which are subject to City approval for improvements, changes or modifications shall include a covered area to accommodate solid waste, non-organic recycling, organics bins and grease tallow bins to prevent loose materials or effluent from scattering on the property and to prevent storm water run on to the area and runoff from the area. Solid waste, non-organic recycling and organic enclosure storage areas shall be designed in accordance with the City's Public Works Guidelines for "Non-Residential Building Trash & Recycling Enclosures or Guidelines for Multi-Family Dwelling (5 or more units) Trash and Recycling Enclosures". New enclosure storage facilities, plans to share enclosure storage facilities or remodel existing enclosure storage facilities shall be subject to the review and approval of the Director. Any person owning, controlling or maintaining any premises within the City which is required to have and maintain recycling area enclosures as specified in this Chapter as a condition of development, modification or use shall keep all garbage, organic waste, recycling, and other waste containers within the confines of the enclosures at all times except when the containers are being emptied by the solid waste collector. At businesses or business structures, the quantity of containers shall be sufficient to adequately allow the property owner or tenant to separate solid waste, non-organic recyclables and organic waste. The property owner or tenant is to request increased collection frequency from the solid waste collector if current container size and quantity exceed available area within the enclosure. Commercial entities shall use tallow bins for grease waste. Secondary containment for tallow bins and other waste or organic material containers shall be required by the City if the potential exists for any non-stormwater discharge to the storm drain system or any other waterway that connects to the waters of the State. Failure to properly store discarded materials is subject to citation.

(Ord. 15-2130, § 2 (part), 2015)

Recyclable materials and solid waste shall not be allowed to accumulate such that a visual or public health or safety nuisance is created. The property owner is responsible for arranging the pickup of solid waste by the solid waste collector. Maintenance of each recycling area is also the responsibility of the property owner. The solid waste collector is responsible for maintenance of their respective bins and containers.

(Ord. 15-2130, § 2 (part), 2015; Ord. 2085, § 2 (part), 2011; Ord. 1671, (part), 1994)

Any person who violates the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.10 and 1.12 of this code.

(Ord. 15-2130, § 2 (part), 2015; Ord. 2085, § 2 (part), 2011; Ord. 1671, (part), 1994)