Article I — IN GENERAL

(a)

Purpose. The management and proper disposal of solid waste is a matter of great importance to the city, its citizens, visitors, property owners and businesses. The city finds that the public health, safety, and well- being require the generation, accumulation, handling, collection, transportation, conversion and disposal of solid waste be controlled and regulated by the city through the comprehensive system provided in this chapter. This chapter is intended to ensure solid waste handling services are readily available, adhere to uniform standards, and are reliable, clean, and efficient. The city has a strong interest in reducing the harboring and breeding of rodents and insects, reducing the spread of disease, and preventing pollution and other unsightly degradation of the environment, which can occur with the improper handling of solid waste and the excess accumulation of solid waste.

(b)

Findings. The city finds and declares:

(1)

Article XI, § 7 of the California Constitution authorizes cities to make and enforce within their limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.

(2)

The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, ("AB 939" or the "Act") (codified at Public Resources Code §§ 4000 et seq.) established a solid waste management process that requires cities and other local jurisdictions to adopt and implement plans to reduce the amount of solid waste generated within their jurisdiction and to maximize reuse and recycling.

(3)

AB 939 states that the frequency of solid waste collection, the means of solid waste collection and transportation, levels of services, charges and fees for services, and the nature, location and extent of providing solid waste services, are matters of local concern.

(4)

AB 939 expressly allows cities to provide solid waste services to its residents by its own forces or by authorizing a private entity to provide those services.

(5)

This chapter implements Article XI, § 7 of the California Constitution and AB 939 in the City of Eastvale and protects public health and safety by authorizing the city council to provide solid waste handling service itself or to award one or more franchises to private entities.

(Ord. No. 22-02, § 2(Exh. A), 2-9-2022)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Ab 939 or Act means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code, §§ 40000 et seq. as it may be amended, and as implemented by the regulations of CalRecycle or its successor agency.

Account holder means the persons or entities whose name(s) are on a solid waste franchisee's account for a premises.

Authorized collector means a private contractor authorized to provide collection services on behalf of the city through contract, exclusive franchise agreement, or non-exclusive franchise agreement.

Back-haul means generating and transporting solid waste to a destination owned and operated by the generator using the generator's own employees and equipment.

Bin means a receptacle, typically between one and six cubic yards, provided by a solid waste franchisee for the collection of solid waste.

Blue container. has the same meaning as in 14 CCR section 18982(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste.

Bulky waste means solid waste that would not typically fit within a container, including, but not limited to, furniture, carpets, mattresses, and oversized green material such as tree trunks and large branches if no larger than two feet in diameter and four feet in length, and similar large items discarded from a single family dwelling. "Bulky waste" does not include covered electronic devices, such as televisions, radios, computers, monitors, and the like, which are regarded as universal waste, the disposal of which is governed by regulation of the Department of Toxic Substances Control.

CalRecycle means California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on jurisdictions (and others).

California Code of Regulations or CCR means the State of California Code of Regulations. CCR references are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

City means the City of Eastvale, California, a municipal corporation, and all of the territory lying within the municipal boundaries of the city as presently existing and all geographic areas which may be added or annexed to the city.

City manager means a person having that title in the employ of the City of Eastvale, or the city manager's designated representative.

City premises means city-owned or operated Premises where solid waste is generated or accumulated.

Commercial business or commercial means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling as defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five units is not a commercial Business for purposes of implementing this chapter.

Commercial edible food generator includes a tier one or a Tier Two commercial edible food generator as defined in 14 CCR section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators.

Compliance review means a review of records by the city to determine compliance with this chapter.

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 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

Compost has the same meaning as in 14 CCR section 17896.2(a)(4), as may be amended from time to time.

Compost facility means a solid waste facility that processes organic waste to produce compost or mulch.

Compostable plastic means food-service and food-packaging plastic materials or plastic bags used for collecting organics material that are placed in the green container and transported to a compostable material handling operations or facilities, in-vessel digestion operations or other facility provided the organic waste processing facility accepts the material and has provided written notification annually to the city stating that the facility can process and recover that material for composability, as defined in 14 CCR Section 18984.1(a)(1)(A) for three container systems, and 18984.2(a)(1)(C) for two container systems.

Construction and demolition material or C&D material means discarded building materials, "inert wastes" as defined in Public Resources Code § 41821.3(a)(1) (e.g. rock, concrete, brick, sand, soil ceramics and cured asphalt), recyclable construction and demolition materials, packaging, plaster, drywall, rubble resulting from construction, remodeling, repair and demolition operations, but does not include asbestos- containing materials or hazardous waste.

Container means any container, regardless of color.

Container contamination or contaminated container means a container, regardless of color, that contains prohibited container contaminants, as defined in 14 CCR Section 18982(a)(55).

Debris box means a container, typically ten to 40 cubic yards, provided by a solid waste franchisee for the collection of solid waste that is normally tipped loaded onto a motor vehicle and transported to an appropriate facility.

Designee means an entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

Edible food means food intended for human consumption, as defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter as defined in 14 CCR Section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

Enforcement action means an action by the city to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

Enforcement official means the city manager or their authorized designee(s) who is/are partially or wholly responsible for enforcing this chapter.

Excluded waste means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the city, or its designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi- family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

Food distributor means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, as defined in 14 CCR Section 18982(a)(22).

Food facility has the same meaning as in section 113789 of the Health and Safety Code.

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

Food recovery organization means an entity that 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 as defined in 14 CCR Section 18982(a)(25), including, but not limited to:

(1)

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

(2)

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

(3)

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

A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.

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, as defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

Food service provider means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, as defined in 14 CCR Section 18982(a)(27).

Gray container has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of gray container waste.

Gray container waste means solid waste that is collected in a gray container as specified in 14 CCR Sections 18984.1(a) and (b), as defined in 14 CCR Section 17402(a)(6.5). Gray container waste may specifically include carpet, non-compostable paper and textiles.

Green container has the same meaning as in 14 CCR section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.

Green material and yard waste means leaves, grass clippings, brush, branches and other forms of organic materials generated from maintenance or alteration of landscapes or gardens including, but not limited to, tree trimmings, prunings, brush and weeds and incidental pieces of untreated scrap lumber. "Green Material" includes holiday trees (except such trees which are frosted, flocked or which contain tinsel or metal), but does not include stumps or branches exceeding four inches in diameter or four feet in length, or palm fronds, or yucca, which are not suitable for composting.

Grocery store means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, as defined in 14 CCR Section 18982(a)(30).

Hauler route means the designated itinerary or sequence of stops for each segment of the city's collection service area, as defined in 14 CCR Section 18982(a)(31.5).

Hazardous waste means any waste materials or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq., the Carpenter-Presley-Tanner Hazardous Substance Account Act ("HSAA"), codified at California Health and Safety Code §§ 25300 et seq.; the Electronic Waste Recycling Act of 2003, codified at California Health and Safety Code §§ 25214.9 et seq. and California Public Resources Code §§ 41516 et seq., laws governing Universal Waste, all future amendments to any of them, or as defined by

CalRecycle or the Department of Toxic Substances Control, or by their respective successor agencies. If there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term "Hazardous Waste" shall be construed to have the broader, more encompassing definition.

High diversion organic waste processing facility has the same meaning as defined in 14 CCR Section 18982(a)(33).

Household hazardous waste means hazardous waste, including universal waste or covered electronic devices, generated at a single-family or multifamily residential premises, including but not limited to dry cell household batteries; cell phones and PDAs; used motor oil; used oil filters when contained in a sealed plastic bag; cooking oil; compact fluorescent light bulbs contained in a sealed plastic bag; cleaning products; pesticides; herbicides; insecticides; painting supplies; automotive products; solvents; stripes; and adhesives; auto batteries; and universal waste generated at a single-family or multifamily residential premises.

Inspection means a site visit where the city reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, as defined in 14 CCR Section 18982(a)(35).

Large event means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply.

Large venue means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply.

Local education agency means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, as defined in 14 CCR Section 18982(a)(40).

Multi-family residential dwelling or multi-family means of, from, or pertaining to residential premises with five or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial Businesses.

MWELO refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

Non-compostable paper includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, as defined in 14 CCR Section 18982(a)(41).

Non-organic recyclables means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, as defined in 14 CCR Section 18982(a)(43).

Notice of violation (NOV) means a notice that a violation of this chapter has occurred that includes a compliance date to avoid an action to seek penalties, as defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

Organic waste means solid wastes 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 as defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). Notwithstanding the foregoing definition, paper products, printing and writing paper, organic textiles, and carpets shall not be placed in the green container as source separated green container organic waste (SSGCOW).

Organic waste generator means a person or entity that is responsible for the initial creation of organic waste, as defined in 14 CCR Section 18982(a)(48).

Owner means the persons or entities listed on the last equalized assessment roll as the owner of a lot or parcel of real property within the city.

Paper products include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, as defined in 14 CCR Section 18982(a)(51). Paper products, when source separated, shall be considered source separated recyclable materials.

Person in charge means an owner, tenant, occupant or other person or persons responsible for the day to day operation of a premises.

Premises means place where any person resides, or any business is carried on or conducted, or any other place upon which solid waste is generated or accumulated.

Printing and writing papers include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, as defined in 14 CCR section 18982(a)(54). Printing and writing papers, when source separated, shall be considered source separated recyclable materials.

Prohibited container contaminants means the following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city's blue container; (ii) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city'sgreen container; (iii) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green

container organic wastes to be placed in the city's green container and/or blue container; and, (iv) excluded waste placed in any container.

Recovered organic waste products means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, as defined in 14 CCR Section 18982(a)(60).

Recovery means any activity or process described in 14 CCR Section 18983.1(b), as defined in 14 CCR Section 18982(a)(49).

Recycled-content paper means paper products and printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, as defined in 14 CCR Section 18982(a)(61).

Remote monitoring means the use of the internet of things (loT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

Restaurant means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, as defined in 14 CCR Section 18982(a)(64).

Route review means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, as defined in 14 CCR Section 18982(a)(65).

SB 1383 means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

SB 1383 regulations or SB 1383 Regulatory means or refers to, for the purposes of this chapter, the short- lived climate pollutants: Organic waste reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

Self-haul permit means a permit issued by the city to self-hauler under this chapter.

Self-haul permitee means a person or business that has received a self-haul permit.

Self-hauler means a person or business, who, in compliance with all applicable requirements of the City Code, hauls solid waste, organic waste or recyclable material he or she has generated directly to the appropriate facility, as required by this chapter. Self-hauler also includes a person or business that back- hauls solid waste.

Single-family means of, from, or pertaining to any residential premises with fewer than five units.

Solid waste has the same meaning as defined in State Public Resources Code Section 40191. Solid waste includes, but is not limited to, gray container waste, non-organic recyclables, and organic waste.

Solid waste enterprise means any individual, partnership, joint venture, unincorporated private organization, or private corporation, which is regularly engaged in the business of providing solid waste handling services.

Solid waste franchisee means a solid waste enterprise that has been granted the right and privilege by the city in accordance with a franchise agreement by and between the solid waste enterprise and the city, or by operation of law, to perform one or more solid waste handling services within the city or a portion thereof.

Solid waste handling services means the collection, transportation, processing, recycling, composting, conversion, retention and disposal of solid waste, construction and demolition materials, bulky waste, household hazardous waste, and/or universal waste.

Source separated means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing 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, as defined in 14 CCR Section 17402.5(b)(4). For the purposes of this chapter, source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste or other solid waste for the purposes of collection and processing.

Source separated blue container organic waste means source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in Section 18982(a)(43), as defined by Section 17402(a)(18.7).

Source separated green container organic waste means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, non-compostable paper, and textiles.

Source separated recyclable materials means source separated non-organic recyclables and source separated blue container organic waste.

Spilled means deposited, released, spilled, leaked, pumped, poured, emitted, emptied, discharged, injected, dumped or disposed into the environment, or which otherwise has come to be located outside an authorized container. The term "disposed into the environment" shall include, but is not limited to, the abandonment or discarding of barrels, bags, cans and other closed receptacles containing solid waste.

State means the State of California.

Supermarket means a full-line, self-service retail store with gross annual sales of $2,000,000.00, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, as defined in 14 CCR Section 18982(a)(71).

Tier One commercial edible food generator means a commercial edible food generator that is one of the following:

(1)

Supermarket.

(2)

Grocery store with a total facility size equal to or greater than 10,000 square feet.

(3)

Food service provider.

(4)

Food distributor.

(5)

Wholesale food vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply.

Tier Two commercial edible food generator means a commercial edible food generator that is one of the following:

(1)

Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

(2)

Hotel with an on-site food facility and 200 or more rooms.

(3)

Health facility with an on-site food facility and 100 or more beds.

(4)

Large venue.

(5)

Large event.

(6)

A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

(7)

A local education agency facility with an on-site food facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply.

Universal waste means and includes, but is not limited to, "universal waste electronic devices" or "UWEDs," (i.e., electronic devices subject to the regulation of the Department of Toxic Substances Control, 23 CCR §§ 66273.1, et seq.), and other universal wastes, including, but not limited to non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] alkaline batteries, carbon-zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, and mercury-containing switches.

Wholesale food vendor means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, as defined in 14 CCR Section 189852(a)(76).

(Ord. No. 22-02, § 2(Exh. A), 2-9-2022; Ord. No. 23-27, § 1, 1-10-2024)