Dublin Municipal Code Art. I General Provisions

This chapter may be referred to and cited as the "discarded materials management ordinance of the city of Dublin."

(Ord. 2-86 § 2 (5-100); Ord. 16-19 § 1 (part), 2019; Ord. 9-21 § 5 (Exh. C))

The management of discarded materials is a matter of great importance to the city, and its citizens, visitors, property owners and businesses. The city has found that the public health, safety, and well-being require that the generation, accumulation, handling, collection, transportation, conversion and disposal of discarded materials be controlled and regulated by the city through the comprehensive system provided in this chapter. The establishment and maintenance of this system will benefit the city and all its citizens, visitors, property owners and businesses apart from and in addition to individual use. The system seeks to maintain a readily available discarded materials disposal service which the city wants to be reliable, clean, efficient and economical. The system will help to reduce the harboring and breeding of rodents and insects, to reduce the spread of disease, and to prevent pollution and other unsightly degradation of the environment. The comprehensive discarded materials management system provided in this chapter is found to be in the public interest.

(Ord. 2-86 § 2(5-101); Ord. 16-19 § 1 (part), 2019; Ord. 9-21 § 5 (Exh. C))

The purpose and object of this chapter are to accomplish the foregoing results, and the provisions thereof shall be construed to give full effect to the accomplishment of such purpose and object.

(Ord. 2-86 § 2 (5-102); Ord. 16-19 § 1 (part), 2019; Ord. 9-21 § 5 (Exh. C))

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Bin"

means a container with capacity of approximately one (1) to seven (7) cubic yards, with a hinged lid, and with wheels (where appropriate), that is serviced by a front-end-loading collection vehicle.

"Biohazardous or biomedical waste"

means any waste which may cause disease or reasonably be suspected of harboring pathogenic organisms; included are waste resulting from the operation of medical clinics, hospitals, and other facilities processing wastes which may consist of, but are not limited to, human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, sharps, contaminated clothing and surgical gloves.

"California Code of Regulations" or "CCR"

means the state of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

"Cart"

means a plastic container with a hinged lid and wheels that is serviced by a collection vehicle.

"Collection"

means the removal and transportation of discarded materials by the collector from the place of delivery to a disposal facility approved under the collector's agreement with the city or by a nonexclusive franchise.

"Collector"

means that person or business having an exclusive franchise agreement with the city granting to them or it the exclusive privilege of collecting or causing to be collected or transported for a fee any discarded materials within the city or any portion thereof.

"Commercial" or "commercial business"

means a firm, partnership, proprietorship, joint-stock company, corporation, institution, or association (whether incorporated or unincorporated or for-profit or nonprofit), strip mall, industrial facility, or as otherwise defined in 14 CCR Section 18982(a)(6).

"Commercial edible food generator"

means tier one commercial edible food generators (as defined in 14 CCR Section 18982(a)(73)) and tier two commercial edible food generators (as defined in 14 CCR Section 18982(a)(74)), or as otherwise defined in 14 CCR Section 18982(a)(7). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators, or as otherwise specified by 14 CCR Section 18982(a)(7).

"Community composting"

means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise defined in 14 CCR Section 18982(a)(8).

"Compost" or "composting" (or any variation thereof)

means the controlled biological decomposition of organic waste yielding a safe and nuisance-free compost product.

"Compactor"

means any roll-off container or bin which has a compaction mechanism, whether stationary or mobile.

"Construction and demolition debris"

means used or removed materials resulting from construction, remodeling, repair or demolition operations on any pavement, house, commercial building, or other structure and such other materials as may be removed during the normal cleanup process of such construction, remodeling, repair, or demolition operations.

"Construction and demolition debris collection service"

means the collection of construction and demolition debris by a person or company that holds a valid nonexclusive or exclusive franchise from the city and the delivery of that material to an appropriate facility.

"Container"

means bins, carts, compactors, and roll-offs intended for the placement of discarded materials by the waste generator.

"Delivery"

of discarded materials shall be deemed to occur when discarded materials are deposited in a container or at a location that is designated for collection pursuant to this chapter, or is otherwise discarded.

"Director"

means the City Manager or the designee of the City Manager.

"Discarded materials"

means solid waste, source-separated recyclable materials, and source-separated organic waste.

"Disposal" or "dispose" (or another variation thereof)

means the final disposition of solid waste at a facility.

"Edible food"

means food intended for human consumption. For the purposes of this code, edible food is not solid waste if it is recovered and not discarded. Nothing in this code requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for edible food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this code.

"Exempt waste"

means biohazardous or biomedical waste, hazardous waste, household hazardous waste, sludge, soil and dirt, concrete, asphalt, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid batteries, and those wastes under the control of the Nuclear Regulatory Commission. Exempt waste does not include used oil, used oil filters, construction and demolition debris, organic waste, or household batteries when placed for collection as set forth in the franchise agreement or as otherwise directed by the Director.

"Fixed body vehicle"

means an end-dump trailer hauled by a tractor, a dump truck, or other such vehicle where the container portion of the vehicle used to collect and transport construction and demolition debris is a fixed part of the vehicle body. Fixed body vehicles do not include vehicles manufactured to or designed to transport and deliver construction and demolition debris boxes.

"Food recovery"

means actions to collect and distribute food for human consumption which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

"Food recovery organization"

means an entity that primarily engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities, including, but not limited to:

A food bank as defined in Section 113783 of the Health and Safety Code;

A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and

A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

"Food recovery service"

means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery; or as otherwise defined in 14 CCR Section 18982(a)(26).

"Food scraps"

means materials that will decompose and/or putrefy including: (1) all kitchen and table food waste; (2) animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of foodstuffs; (3) fruit waste, grain waste, dairy waste, meat, and fish waste; and (4) vegetable trimmings, house-plant trimmings and other organic waste common to the occupancy of residential dwellings. Food scraps are a subset of source-separated organic waste.

"Franchise agreement"

means the written document and all amendments thereto, between the city of Dublin and a collector, governing the provision collection services, as defined in Section 5.32.130.

"Hazardous waste"

means any waste now or hereafter classified as hazardous pursuant to Public Resources Code Section 40141 and any other applicable federal, state or local law.

"Household hazardous waste" or "HHW"

means any hazardous waste generated by residential waste generators.

"Multifamily"

means any residential premises, other than single-family, with any combination of five (5) or more dwelling units in the city of Dublin receiving centralized, shared collection service. Multifamily dwellings do not include hotels, motels, or other transient occupancy facilities, which are considered commercial for the purposes of this chapter.

"Organic waste"

means solid waste containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

"Owner"

means the owner or owners of real property having fee title to the property as identified in the most recent equalized assessment roll of the Alameda County Assessor.

"Processing" or "process" (or any variation thereof)

means to prepare, treat, or convert source-separated recyclable materials or source-separated organic waste through some special method.

"Recyclable materials" or "recyclables"

means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. Recyclable materials include those materials defined by the city of Dublin, including newsprint (including inserts); mixed paper (including magazines, catalogs, envelopes, junk mail, corrugated cardboard, brown bags and paper, paperboard, paper egg cartons, office ledger paper, and telephone books); glass containers; aluminum beverage containers; small scrap and cast aluminum (not exceeding forty (40) pounds in weight nor two (2) feet in any dimension for any single item); steel including "tin" cans, aerosol cans (empty, nontoxic products) and small scrap (not exceeding forty (40) pounds in weight nor two (2) feet in any dimension for any single item); bimetal containers; plastic bottles (Nos. one (1) through seven (7)); aluminum foil and pans; and dry cell household batteries when contained in a sealed heavy-duty plastic bag. "Recyclable materials" or "recyclables" shall also include those materials described in the franchise agreement between the collector and the city of Dublin, as approved by the city of Dublin, from time to time, and as described in Section 5.32.130.

"Recycle" or "recycling" (or any variation thereof)

means the process of sorting, cleansing, treating and reconstituting materials that would otherwise be disposed of at a disposal facility for the purpose of returning such materials to the economy in the form of raw materials for new, reused or reconstituted products.

"Recycling facility"

means any location, within or without the city limits of the city, which accepts source-separated recyclable materials generated in the city for the sole purpose of recycling as defined herein.

"Residential" or "residence"

means of, from or pertaining to single-family or multi-family residences.

"Reusable materials"

means items that are capable of being used again after minimal processing. Reusable materials may include, but are not limited to, textiles (clean items made of thread, yard, fabric, or cloth), furniture, and/or sporting equipment, toys, house-wares, working computers, undamaged monitors, cell phones, books, working small white goods (refrigerators, water heaters, freezers, etc.), working VCRs, and working stereos.

"Roll-off container"

means a metal container that is normally loaded onto a motor vehicle and transported to an appropriate facility for processing.

"Self-haul"

means solid waste, source-separated recyclable materials and/or source-separated organic waste transported to a processing or disposal facility by the owner's or occupant of the premises on which the materials were generated, or by the owner's or occupant's full-time employee(s), consistent with Section 5.32.150.

"Single-family"

means any dwelling unit in the city of Dublin, or any combination of less than five (5) dwelling units sharing discarded material carts, for the accumulation and setting out of solid waste, source-separated recyclable materials, and source-separated organic materials.

"Solid waste"

means solid waste as defined in the California Public Resources Section 40191 and regulations promulgated hereunder. Excluded from the definition of solid waste for the purposes of this code are exempt waste, construction and demolition debris, source-separated recyclable materials, source-separated organic waste, and radioactive waste. Notwithstanding any provision to the contrary, solid waste may include de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of household hazardous waste in compliance with Section 41500 and 41802 of the California Public Resources Code as may be amended from time to time. Solid waste includes reusable materials only when such materials are included for collection in a solid waste container not source separated from solid waste at the site of generation. For the purposes of this code, solid waste must be generated by the waste generator where the solid waste is collected and does not include items defined herein as exempt waste.

"Source separation" or "source separated"

means the segregation into separate containers by the waste generator, prior to delivery, of individual components of discarded materials, such as glass bottles, cans, newspapers, and corrugated containers, for the sole purpose of additional sorting or processing of those materials for recycling or reuse in order to return them 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, or as otherwise defined in 14 CCR Section 17402.5(b)(4).

"Tenant,"

when used with reference to a residence, means any person or persons other than the owner occupying or in possession of the residence.

"Waste generator"

means the property owner, resident, tenant, lessee, occupant, or business which produced the waste in the city in the first instance. This definition excludes any person who collects from or accepts shipment of waste from another person for the purposes of separating, recycling or otherwise disposing of such waste.

(Ord. 2-86 § 2 (5-103); Ord. 2-92 § 1 (A); Ord. 17-05 § 1; Ord. 16-19 § 1 (part), 2019; Ord. 9-21 § 5 (Exh. C))