El Monte Municipal Code Ch. 8.20 Solid Waste—removal, Collection, Disposal and Diversion

All containers used to gather, contain and/or temporarily place solid waste and/or recyclable materials pending collection by a franchisee shall be stored with the tops securely closed or fastened when stored outdoors. All such containers shall also be maintained so that no solid waste or recyclable materials placed therein escape from the container.

(Ord. 2701 § 3 (part), 2007)

A. General Prohibitions. No person shall store or otherwise place solid waste, hazardous substances, hazardous waste, hazardous contaminants, radioactive waste, medical waste, recyclable materials or any container containing the same:

1. Within any public street, sidewalk or other public right-of-way;

2. Within any residential front yard setback area; or

3. Within any portion of a residential sideyard setback visible from the public street or other public right-of-way.

B. Limited Exception to General Prohibition. Subsection A of this section notwithstanding, the temporary placement of a cart within the public right-of-way shall be permitted for purposes of routine collection by a franchisee provided:

1. The cart is placed at the specific location within the public right-of-way designated by the franchisee performing collection services or at such other location as may be designated by the city in the interest of public safety; and

2. Placement of the cart at the right-of-way location so designated by the franchisee will not result in the obstruction of pedestrian or vehicle traffic or otherwise pose an unreasonable danger to pedestrians or vehicles using the public right-of-way; and

3. Such cart is so placed no earlier than four p.m. of the day immediately preceding the day upon which solid waste and/or recyclable materials are routinely collected by the franchisee and are thereafter removed no later than seven p.m. on the collection day.

C. Limited Placement of Bins. Subsection A of this section notwithstanding, the temporary placement of a bin within the public right-of-way shall be permitted for purposes of routine collection by a franchisee provided:

1. It is impossible or otherwise infeasible for the franchisee to collect waste from the bin while the bin is situated upon the premises to which it has been provided;

2. The bin is placed at a specific location within the public right-of-way designated by the franchisee performing collection services or at such other location as may be designated by the city in the interest of public safety;

3. Placement of the bin at the right-of-way location so designated by the franchisee will not result in the obstruction of pedestrian or vehicle traffic or otherwise pose an unreasonable danger to pedestrians or vehicles using the public right-of-way; and

4. The bin is reflectorized on all four (4) sides. Such bins must also be equipped with such other safety devices as may be mandated by the Environmental Services Division or by way of a franchise agreement between the city and the franchisee who has provided the bin; and

5. The bin is so placed no earlier than four a.m. of the day upon which solid waste and/or recyclable materials are routinely collected by the franchisee and are thereafter removed no later than seven p.m. of the same day.

The placement of bins in strict accordance with the terms and conditions of a trash bin encroachment permit issued pursuant to Section 8.20.268 of this chapter is also permitted.

D. Exceptions to the Exceptions. No container may be placed or stored on a public street during posted street sweeping hours. No container may be placed or stored on a public street, sidewalk or on any portion of the public right-of-way during such other restricted periods as may be posted by the city.

E. Storage in Violation of Land Use Approvals. Except as otherwise authorized under this chapter, no person may store or place solid waste, hazardous waste, hazardous substances, hazardous contaminants, medical waste or radioactive waste or any container containing the same upon any premises or other real property parcel in a manner, or at a location, that violates or is otherwise contrary to any city-approved land use authorization, including, but not limited to, the terms of any applicable conditional use permit, minor use permit, subdivision map, parcel map, variance or minor variance.

F. Pickup Hours for Franchisees.

1. The collection and pickup of solid waste by a franchisee as authorized by way of a franchise agreement shall be restricted to the hours of six a.m. to seven p.m. Monday through Friday and the hours of eight a.m. to six p.m. on Saturday, except as otherwise authorized by way of a valid city permit, franchise agreement or other written authorization from the city.

2. No franchisee may conduct pickups or collections on Sunday, except as otherwise authorized by way of a valid city permit, franchise agreement or other written authorization from the city.

(Ord. 2701 § 3 (part), 2007; Ord. No. 3023, § 4.C(Exh. C), 5-2-2023)

A. General Prohibition. No person shall remove, rummage through or scavenge the contents of any container used to gather, contain and/or store solid waste and/or recyclable materials pending routine collection by a franchisee.

B. Limited Exceptions to General Prohibition. The prohibition set forth under subsection A of this section shall not apply to:

1. The owner of the container;

2. The owner (including the agents and employees of the owner) of any premises, or real property parcel to which the container has been provided pursuant to a contractual arrangement authorized under this chapter between the owner and a franchisee;

3. The tenant (including the agents and employees of the tenant) of any premises or other real property parcel to which the container has been provided pursuant to a contractual arrangement authorized under this chapter between the tenant and the franchisee who has provided the container;

4. The tenant (including the agents and employees of the tenant) of any premises or other real property parcel where the container in question has been provided incident to the tenant's tenancy and for the tenant's exclusive use;

5. The agents or employees of any franchisee.

For purposes of this subsection B, any exception accorded to "agents or employees" shall require that such "agents or employees" be acting in the normal and lawful course and scope of their agency or employment. To the extent such agents or employees are not acting within the normal and lawful course and scope of their agency, the exceptions afforded under this subsection B shall not apply.

(Ord. 2701 § 3 (part), 2007)

A. General Prohibition. With respect to any container provided by a franchisee to a person, premises or other real property parcel, no person may:

1. Tamper or meddle with the container;

2. Damage, deface or destroy the container;

3. Remove the container from private or public property; or

4. Remove the container from any location where it has been lawfully placed for the purpose of having its contents routinely collected by a franchisee.

B. Container Owner's Exception to General Prohibition. The prohibitions set forth under subsection A of this section shall not apply to the owner of the container or the owner's agents or employees acting the normal and lawful course and scope of their agency or employment. Nothing in this subsection B shall authorize a container owner or its agents or employees to enter upon any secured and/or restricted portion of private or public property to remove a container without the consent of the real property owner or any person who exercises lawful possession and control over such real property.

C. Property Owner's and Tenant's Exception to General Prohibition. The prohibitions set forth under subsections (A)(3) and (4) of this section shall not apply to the owner or tenant of the private or public property to which the container has been provided; nor shall these same prohibitions apply to the agents or employees of the owner or tenant of such real property, provided such agents or employees are acting in the normal and lawful course and scope of their agency or employment.

(Ord. 2701 § 3 (part), 2007)

No person may deposit or bury, or cause to be deposited or buried, solid waste, hazardous substances, hazardous waste, hazardous contaminants, radioactive waste or medical waste upon any premises or other real property parcel located within the city. No person may authorize the depositing or burying of solid waste, hazardous substances, hazardous waste, hazardous contaminants, radioactive waste or medical waste anywhere within the city.

(Ord. 2701 § 3 (part), 2007)

A. No person, other than a franchisee, may provide any of the following varieties services within the city:

1. Solid waste handling services; and/or

2. Services for the collection, transportation, storage, transfer or processing of recyclable materials where such services are rendered for compensation in a manner resulting in a net payment to the person rendering such services.

B. Except as otherwise provided under this chapter, the owner or occupant of any nonvacant premises must retain the services of a franchisee duly authorized to serve the premises in question in accordance with the franchise it has been awarded and the franchise agreement to which it is a party.

(Ord. 2701 § 3 (part), 2007)

No person may take solid waste, hazardous substances, hazardous waste, hazardous contaminants, radioactive waste, or medical waste generated from one premises or other real property parcel within the city and:

1. Deposit the same at another premises or upon another real property parcel within the city; or

2. Deposit the same in a container provided for the use of another premises or other real property parcel within the city.

(Ord. 2701 § 3 (part), 2007)

No person may knowingly contaminate solid waste, recyclable materials and/or green waste which has been placed in a container for collection with any substance which may cause the final disposition of such materials to be unacceptable for potential recycling, reuse or remanufacture regardless of whether or not the material possesses the ability to be cleaned, purified, or otherwise reconditioned for placement into a qualified waste stream or other remanufacture, recycling or reuse process. Such prohibited contaminants include but are not limited to hazardous substances, hazardous waste, hazardous contaminants, radioactive waste and medical waste.

(Ord. 2701 § 3 (part), 2007)

A. No person shall deposit or allow to remain any solid waste, bulky items, hazardous substances, hazardous waste, hazardous contaminants, radioactive waste, medical waste, or the like upon or in any public street, sidewalk, or public right-of-way; or in or upon any vacant lot; or in, upon or within the required front yard of any improved lot; or upon or within the area of any improved lot between the front main building facade thereon and the street upon which such lot fronts except in a manner in conformity with the provisions of this chapter.

B. To protect public health, safety, and well-being, and to minimize interference with public rights-of-way, no owner of any lot or premises, or any persons in possession thereof, shall place upon or allow to remain upon any portion of any public street, sidewalk, or public right-of-way adjacent to said lot any solid waste, bulky items, hazardous substances, hazardous waste, hazardous contaminants, radioactive waste, medical waste, or the like upon except in a manner in conformity with the provisions of this chapter.

(Ord. 2701 § 3 (part), 2007)

(Ord. No. 2952, § 3, 9-17-2019)

A. Any person who owns, leases or otherwise occupies a premises or other real property parcel within the city shall keep the same in a neat, clean and sanitary condition. Any person who acts as the agent or employee of a person who owns, leases or otherwise occupies a premises or other real property parcel within the city shall keep the same in a neat, clean and sanitary condition.

B. No person shall accumulate, or permit the accumulation of, solid waste; hazardous substances; hazardous waste; hazardous contaminants; radioactive waste; medical waste; or stagnant water, upon any premises or other real property parcel within the city.

(Ord. 2701 § 3 (part), 2007)

A. General Prohibition. No person may burn any solid waste, hazardous substance, hazardous waste, hazardous contaminants, radioactive waste or medical waste within the city.

B. Limited Exception to General Prohibition. Subsection A of this section notwithstanding, the burning of solid waste shall be permitted provided:

1. Such burning is conducted at a properly licensed and permitted, city-approved incinerator or transformation facility; or is conducted with the use of a device for which a city permit has been issued;

2. The incinerator or transformation facility complies with all applicable orders, rules, regulations and laws of the city; the South Coast Air Quality Management District; the state of California; the federal government of the United States of America; and

3. The incinerator facility or transformation facility maintains and is in compliance with any and all required permits issued by South Coast Air Quality Management District and all other agencies with oversight of air quality.

(Ord. 2701 § 3 (part), 2007)

A. No person shall dispose of solid waste, bulky items, hazardous substances, hazardous waste, hazardous contaminants, medical waste, or radioactive waste by illegal dumping on any public or private property within the city.

B. No person shall hire or cause another person to dispose of solid waste, bulky items, hazardous substances, hazardous waste, hazardous contaminants, medical waste, or radioactive waste by illegal dumping on public or private property or to otherwise dispose of solid waste, bulky items, hazardous substances, hazardous waste, hazardous contaminants, medical waste, or radioactive waste in violation of this code, state law or federal law. Any person who hires or causes another person to dispose of solid waste, bulky items, hazardous substances, hazardous waste, hazardous contaminants, medical waste, or radioactive waste by illegal dumping is and will be jointly and severally liable with all other persons who participated in the act of illegal dumping.

C. Any person whose identifying information is found in illegally dumped solid waste, bulky items, hazardous substances, hazardous waste, hazardous contaminants, medical waste, or radioactive waste or who is otherwise responsible for illegal dumping of solid waste, bulky items, hazardous substances, hazardous waste, hazardous contaminants, medical waste, or radioactive waste on any public or private property within the city is subject to enforcement as provided in this chapter.

D. Each act of illegal dumping on a separate area of a single location is a separate violation even if each occurs on the same general time and day.

E. Any person who disposes of solid waste, bulky items, hazardous substances, hazardous waste, hazardous contaminants, medical waste, or radioactive waste through illegal dumping shall be responsible for cleaning up and properly disposing of the illegally dumped solid waste, bulky items, hazardous substances, hazardous waste, hazardous contaminants, medical waste, or radioactive waste in addition to any other authorized enforcement action.

(Ord. 2701 § 3 (part), 2007)

(Ord. No. 2952, § 4, 9-17-2019)

A. General Prohibition. No person may transfer the load of one collection vehicle to another collection vehicle upon any public street, public right-of-way, or public property; or upon any private property, the lawful use of which does not include such handling of solid waste, hazardous substances, hazardous waste, hazardous contaminants, radioactive waste, or medical waste.

B. Exception to General Prohibition. The prohibition set forth under subsection A of this section shall not apply under any circumstance in which a vehicle to vehicle transfer is necessary owing to mechanical failure or damage to the vehicle from which a load is removed.

(Ord. 2701 § 3 (part), 2007)

A. Nothing in this chapter shall prevent any person from gathering green waste generated by a premises or other real property parcel owned or occupied by such person, provided such gathering is performed in compliance with, and/or in the furtherance of, a composting or other green waste recycling program approved by the city or otherwise authorized under state law.

B. Nothing in this chapter shall prevent the gathering, removal and transportation of uncontaminated green waste generated by a premises or other real property parcel by a person possessing a city business license for lawn and gardening services where such green waste is gathered incident to the performance of landscaping and garden services authorized under the city business license.

(Ord. 2701 § 3 (part), 2007)

Nothing in this chapter shall limit the right of any person to donate or sell recyclable materials owned by that person, provided that any such donation, sale or other disposal is performed in accordance with the provisions of this chapter.

(Ord. 2701 § 3 (part), 2007)

A. General Requirement. No owner or occupant of a residential premises shall engage in conduct that constitutes a violation of the prohibitions set forth under this chapter.

B. Retention of Franchisee. Except as otherwise authorized under this chapter, each owner of a nonvacant residential premises shall be required to retain the services of a franchisee for the provision of:

1. Solid waste handling services; and/or

2. Services for the collection, transportation, storage, transfer and/or processing of recyclable materials where such services are rendered for compensation in a manner that results in a net payment to the person rendering such service.

Solid waste generated by, or otherwise accumulated upon, a residential premises shall be removed from the premises on a weekly basis at a minimum so as to prevent the unsanitary, unhealthy and/or unsightly accumulation of solid waste or to otherwise prevent the creation of a public nuisance.

C. Retention of Franchisee by Tenant. The owner of a nonvacant residential premises may authorize an occupying lessee or licensee to contract directly with a franchisee provided:

1. Such authorization is accomplished by way of a binding written agreement between the owner and the lessee or licensee (e.g., as a term of any lease or license agreement); and

2. The franchisee retained by the lessee or licensee is one duly authorized under the terms of its franchise agreement to serve the residential premises in question.

D. Primary Responsibility of Owner. No delegation of responsibility authorized under subsection C of this section shall operate to relieve the owner of a nonvacant residential premises of the primary responsibility to maintain the owner's residential premises in compliance with this chapter and adhere to all of the prohibitions and requirements set forth herein including but not limited to the requirement to retain a franchisee. The owner or occupying lessee or licensee of the residential premises, whichever the case may be, shall maintain any account with a franchisee in good standing and shall not allow such account to become delinquent.

E. Residential Delinquencies. No agreement between a residential premises customer and a residential premises franchisee may impose delinquent billing provisions inconsistent with those set forth under this section. A service bill lawfully issued by a residential premise franchisee shall be considered past due if not paid by a residential premises customer within forty (40) calendar days from the date payment is due or such longer grace period as may be authorized by written agreement between the customer and the residential premises franchisee. If a service bill becomes past due, the residential premises franchisee shall be required to issue notice to the residential premises customer that the service bill is delinquent. If the service bill is not paid in full within seventy-five (75) calendar days from the date the service bill is deemed past due, the residential premises franchisee shall issue a second notice of delinquency; this second notice of delinquency shall be sent to the residential premises customer and to the owner of the residential premises, if different from the residential premises customer. Each delinquency notice shall include the following information at a minimum:

1. A statement advising the customer that the service bill is past due;

2. Information as to the service period to which the past due sums relate; and

3. Information as to where the customer remit any and all past due sums;

4. Information as to the proper procedures for disputing any sums set forth in a service bill; and

5. Notice in bold print and capital letters that the matter will be submitted to the city for collection pursuant to the tax lien procedures established under this section, if the bill is not paid within twenty-one (21) calendar days from the date a second notice of delinquency is dated.

No later than the close of business on May 1st of each calendar year, a residential premises franchisee may submit to the city a schedule of all unpaid delinquent billings from May 1st of the preceding year to the present accompanied by the corresponding parcel number for the residential premises in question, as established or otherwise utilized by the Los Angeles County Assessor. The schedule shall also state the amount due for each account for inclusion of said amount upon the property tax roll for collection by the Los Angeles County Assessor's Office. No delinquent billing shall be eligible for submission to the city on or before the twenty-first day following the issuance of the franchisee's second billing notice. No delinquent billing shall remain eligible for submission to the city after one year from the date the delinquent billing first becomes eligible for submission to the city.

F. Right of Customers to Dispute Bill. Nothing in subsections D and E, above, shall be interpreted to prevent a residential premises customer or the owner of a residential premises from pursuing or availing himself or herself of all legal means for disputing any charges or fees billed by a residential premises franchisee.

G. The placement of delinquent solid waste collection charges upon the property tax roll pursuant to this section is authorized under Health and Safety Code Sections 5473 and 5473a and shall comply with the procedural requirements of the same.

(Ord. 2701 § 3 (part), 2007)

(Ord. No. 3031, § 4, 1-23-2024)

A. General Requirement. No owner or occupant of a commercial premises or a multifamily premises shall engage in conduct that constitutes a violation of the prohibitions set forth under this chapter.

B. Retention of Franchisee. Except as otherwise authorized under this chapter, each owner of a nonvacant commercial premises or a nonvacant multifamily premises shall be required to retain the services of a franchisee for the provision of:

1. Solid waste handling services; and/or

2. Services for the collection, transportation, storage, transfer and/or processing of recyclable materials where such services are rendered in exchange for compensation in a manner that results in a net payment to the person rendering such services.

Solid waste generated by, or otherwise accumulated upon, a commercial premises or multifamily premises shall be removed from the premises on a weekly basis at a minimum so as to prevent the unsanitary, unhealthy and/or unsightly accumulation of solid waste; or to otherwise prevent the creation of a public nuisance.

C. Retention of Franchisee by Tenant. The owner of commercial premises occupied by a single lessee or a single licensee may authorize the lessee or licensee to contract directly with a franchisee provided:

1. Such authorization is accomplished by way of a binding written agreement between the owner and the lessee or licensee (e.g., as a term of any lease or license agreement); and

2. The franchisee retained by the lessee or licensee is one duly authorized under the terms of its franchise agreement to serve the commercial premises in question. The owner of a multifamily premises may not delegate responsibility for retaining a franchisee to the occupants of a multifamily premises.

D. Primary Responsibility of Owner. No delegation of responsibility authorized under subsection C of this section shall operate to relieve the owner of a commercial premises of the primary responsibility to maintain the owner's commercial premises in compliance with this chapter and adhere to all of the prohibitions and requirements set forth herein including, but not limited to, the requirement to retain a franchisee. The owner or lessee of a commercial or multifamily premises shall maintain any accounts with a franchisee in good standing and shall not allow such accounts to become delinquent.

E. Commercial and Multifamily Premises Delinquencies. No agreement between a commercial premises customer and a commercial premises franchisee or between a multifamily premises customer and a multifamily premises franchisee may impose delinquent billing provisions inconsistent with those set forth under this section. A service bill lawfully issued by a commercial or multifamily premises franchisee shall be considered past due if not paid by a commercial or multifamily premises customer within forty (40) calendar days from the date payment is due or such longer grace period as may be authorized by written agreement between the commercial or multifamily premises customer and the commercial or multifamily premises franchisee. If a service bill becomes past due, the commercial or multifamily premises franchisee shall be required to issue notice to the commercial or multifamily customer that the service bill is delinquent. If the service bill is not paid in full within seventy-five (75) calendar days from the date the service bill is deemed past due, the commercial or multifamily premises franchisee shall issue a second notice of delinquency; this second notice of delinquency shall be sent to the commercial or multifamily customer and to the owner of the commercial or multifamily premises, if different from the commercial or multifamily premises customer. Each delinquency notice shall include the following information at a minimum:

1. A statement advising the customer that the service bill is past due;

2. Information as to the service period to which the past due sums relate; and

3. Information as to where the customer remit any and all past due sums;

4. Information as to the proper procedures for disputing any sums set forth in a service bill; and

5. Notice in bold print and capital letters that the matter will be submitted to the city for collection pursuant to the tax lien procedures established under this section, if the bill is not paid within twenty-one (21) calendar days from the date a second notice of delinquency is dated.

No later than the close of business on May 1st of each calendar year, a commercial or multifamily premises franchisee may submit to the city a schedule of all unpaid delinquent billings from May 1st of the preceding year to the present accompanied by the corresponding parcel number for the commercial or multifamily premises in question, as established or otherwise utilized by the Los Angeles County Assessor. The schedule shall also state the amount due for each account for inclusion of said amount upon the property tax roll for collection by the Los Angeles County Assessor's Office. No delinquent billing shall be eligible for submission to the city on or before the twenty-first day following the issuance of the franchisee's second billing notice. No delinquent billing shall remain eligible for submission to the city after one year from the date the delinquent billing first becomes eligible for submission to the city.

F. Right of Customers to Dispute Bill. Nothing in subsections D and E, above, shall be interpreted to prevent a commercial or multifamily premises customer or the owner of a commercial or multifamily premises customer from pursuing or availing himself or herself of all legal means for disputing any charges or fees billed by a commercial or multifamily premises franchisee.

G. The placement of delinquent solid waste collection charges upon the property tax roll pursuant to this Section is authorized under Health and Safety Code Sections 5473 and 5473a and shall comply with the procedural requirements of the same.

(Ord. 2701 § 3 (part), 2007)

(Ord. No. 3031, §§ 2, 3, 1-23-2024)

A. Retention of Temporary Services Franchisee. Except as otherwise authorized under this chapter, the owner of a premises or other real property parcel or the owner's duly authorized agents, employees, contractors shall be required to retain a franchisee duly authorized to provide temporary services in connection with any of the following:

1. Any project, activity or undertaking involving construction, demolition, additions, alterations, remodeling, encroachments, tenant improvements or grading when such projects, activities or undertakings require a building, demolition, encroachment and/or grading permit;

2. Any renovation and repair projects performed at all varieties of premises (including but not limited to roof tear-offs);

3. Any premises cleanouts (including but not limited to apartment cleanouts);

4. Any warehouse cleanups;

5. Nuisance and/or weed abatement cleanups; or

6. Any street/road maintenance cleanups.

B. Primary Responsibility of Owner. No delegation of responsibility authorized under subsection A of this section shall operate to relieve the owner of a premises or other real property parcel from the primary responsibility to retain a temporary services franchisee in connection with any of the types of projects, activities or undertakings enumerated under subsection A of this section.

(Ord. 2701 § 3 (part), 2007)

No person shall operate a transfer station, processing station, landfill, material recovery facility or any other facility covered under the provisions of the Public Resources Code Sections 40100 through 44107, 44150 and 44152, or any other applicable sections of the Public Resources Code relative to such operations, including those sections specified in Division 31 commencing with Section 50000, as any of aforementioned sections may be amended from time to time, from or at any location within the city, unless such person is authorized to do so by the granting of a franchise by the City Council pursuant to this chapter.

(Ord. 2701 § 3 (part), 2007)

The violation of any provision of this chapter shall constitute a misdemeanor punishable by imprisonment in a city or county jail not exceeding six (6) months, or by fine not exceeding one thousand dollars ($1,000.00), or both. Each separate day, or any portion thereof during which any violation of this chapter occurs or continues shall constitute a separate offense and, upon conviction thereof, shall be punishable as provided in this section.

(Ord. 2701 § 3 (part), 2007)

The Deputy City Manager for Community Development shall prepare a source reduction and recycling element, inclusive of a household hazardous waste element (collectively, an "SRRE"). The SRRE shall be submitted to the City Council for approval in accordance with AB 939. Thereafter, the Deputy City Manager for Community Development shall submit periodic written reports to the City Council detailing the city's implementation of any and all programs set forth under the SRRE. An initial report shall be submitted to the City Council no later than December 1, 1992 and thereafter the Deputy City Manager for Community Development shall submit additional reports in accordance with a schedule of SRRE program implementation and assessment reports as adopted by City Council resolution. A copy of the SRRE shall be maintained for inspection and copying as a public record in the office of the City Clerk.

(Ord. 2701 § 3 (part), 2007)

A. The City Manager may issue and disseminate administrative rulings to customers, franchisees and any other person providing solid waste handling services; or providing services for the collection, transportation, storage, transfer or processing of recyclable materials:

1. Indicating whether or not such services may lawfully be rendered to a particular premises or customer in accordance with this chapter or any franchise awarded pursuant to Chapter 18.12 (Solid Waste Handling Franchises) of the El Monte Municipal Code; or

2. Any other dispute or disagreement between a franchisee and a customer concerning the manner in which service is to be provided, or may be provided, pursuant to this chapter, Chapter 18.12 or an applicable franchise agreement.

B. Such administrative rulings are intended to resolve any disagreement or dispute as between customers, franchisees and/or any other person operating within the city.

(Ord. 2701 § 3 (part), 2007)

A. Covered C&D Projects. Any project, activity or undertaking involving construction, demolition, additions, alterations, remodeling, encroachments, tenant improvements or grading within the city shall be considered a "covered project" for purposes of this chapter when such project, activity or undertaking requires a demolition permit, building permit, encroachment permit and/or grading permit.

B. Exceptions. Subsection A of this section notwithstanding, the following projects, activities or undertakings shall not be considered covered projects within the meaning of this chapter.

1. Residential additions and alterations which do not increase the building's conditioned area, volume, or size.

2. Work which only requires a plumbing, electrical, or mechanical permit.

3. A seismic tie-down project.

4. A roofing project which does not include tearing-off of an existing roof.

5. The installation of new fencing, but not replacement of existing fencing.

6. The installation of pre-fabricated patio enclosures and covers when no foundation or other structural building modifications are required.

7. The installation of pre-fabricated accessories such as signs or antennas which do not require structural building modifications.

8. City-sponsored projects that have been specifically exempted by the city. City-sponsored projects include, but are not limited to, city funded street improvements and construction or improvement of city-owned property.

9. Emergency demolition which is necessary to protect the public health and safety from an unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life or health.

10. Projects, as determined by the Public Works Director or his or her designee in his or her sole and absolute discretion and judgement, as not generating construction or demolition debris, including but not limited to, projects generating debris that cannot be recycled or for which there is no outlet for the material generated.

(Ord. 2701 § 3 (part), 2007)

(Ord. No. 2908, § 1, 1-24-2017)

A. Sixty-five (65) percent waste diversion, or the State-mandated construction and demolition diversion percentage as set forth and established in the current edition of the California Green Building Standards Code, whichever is greater, for covered projects. Each covered project applicant shall cause at least sixty-five (65) percent, or the State-mandated construction and demolition diversion percentage, whichever is greater, by weight of C&D materials generated by the covered project to be diverted from landfilling or other form of disposal.

B. Calculating Compliance. As a means of confirming compliance with subsection A of this section, the diversion of C&D materials shall be calculated by dividing (1) the total weight of C&D materials generated by but diverted from a covered project; by (2) the total weight of all wastes generated by the covered project. The total weight of all wastes generated by a covered project equals the sum of: (1) all C&D materials generated by but diverted from the covered project; plus (2) the weight of all other waste generated by the covered project. The calculations used to ascertain compliance with the diversion requirements of this section must be based upon the data documented by and derived from weight receipts and recycling receipts issued by any and all facilities that receive an applicant's C&D materials and/or nondiverted wastes. The City Council, by resolution, may also require such additional documentation as may be required to precisely and reliably verify compliance provided the city's request for such additional documentation does not conflict with approved guidelines or protocols of the California Department of Resources Recycling and Recovery.

C. Performance Security.

1. Any person who applies for a demolition, building, encroachment and/or grading permit in connection with a covered project shall submit, along with an application for the same, a performance security in an amount time to time, amended, by way of a City Council resolution. For purposes of this chapter, "performance security" means a noninterest-bearing deposit in cash; check; money order; or credit card acceptable to the city. Performance security, in the sole discretion of the Chief Building Official, may also include a corporate surety bond or instrument of credit including a letter of credit as approved by the Chief Building Official on a case-by-case basis in his or her reasonable discretion.

2. If the Chief Building Official determines the applicant has complied with the diversion mandates of this section, he or she shall cause the performance security to be released to the applicant within thirty (30) days from the date the Chief Building Official issues written notice of compliance. The performance security shall also be released if the Chief Building Official determines that the performance security was erroneously paid or collected; or that permit(s) applied for in connection with the covered project have been expressly withdrawn in writing before any work authorized under any permit(s) has commenced; in either event, the performance security shall be refunded within thirty (30) days from the date the Chief Building Official is reasonably satisfied that either circumstance applies.

3. If the Chief Building Official determines the applicant has failed to comply with the diversion mandates of this section, the applicant shall forfeit that percentage of the total deposit equivalent the percentage by which the applicant has failed to meet the mandated diversion requirements (example: if fifty two percent (52%) diversion is reached as compared to the sixty-five (65%) diversion requirement, then eighty (80%) of the security deposit may be returned to the applicant). The applicant's failure to meet the diversion requirements of this section notwithstanding, the amount of a partial refund afforded an applicant may be increased if the work performed pursuant to a city-issued permit(s) results in the covered project obtaining certification under the "Leadership in Energy and Environmental Design" ("LEED") green building rating system of the United States Green Building Council. The amount of the refund credit shall be in accordance with a credit schedule established, and from time to time amended, by City Council resolution. The amount of the credit received shall correlate with the level of certification obtained and such other criteria as may be established by City Council resolution. The foregoing notwithstanding, no such credit shall be made available until such time as the credit schedule and related criteria are established and approved by the City Council.

4. All forfeited performance security sums shall be placed in a designated fund for the purpose of:

a. Recovering costs associated with the administration and enforcement of this chapter (excluding costs recovered through the administrative fee set forth in subsection D of this section, below);

b. Furthering the recycling programs and diversion goals of the city; and

c. The development and improvement of infrastructure that will further the diversion objectives of this chapter.

Such funds may not be granted, loaned or otherwise deposited into the city's general fund and must be used solely for the purposes enumerated above.

D. Administrative Fee. In addition to the performance security, the applicant shall also pay a nonrefundable administrative fee in an amount equivalent to one percent of the covered project's value. The foregoing notwithstanding, the aforementioned administrative fee may not exceed the sum of five thousand dollars ($5,000.00).

(Ord. 2701 § 3 (part), 2007)

(Ord. No. 2908, § 2, 1-24-2017)

A. Collection Options. Permittees must complete a bin rental form and comply with collection and hauling requirements set forth in the bin rental form. The city reserves the right to amend the bin rental form requirements at any time.

B. Nonfee Recycling Pickup/Sale or Donation of Recyclable Materials.

1. Subsection A of this section notwithstanding, an applicant may allow the third party collection of source separated recyclable materials; provided such service is rendered free of charge or is otherwise rendered in a manner that results in a net payment to the applicant, not the person rendering the service.

2. Subsection A of this section notwithstanding, an applicant may donate or sell source separated recyclable materials to a third party.

C. Except as otherwise permitted under this subsection B, the processing of solid waste shall be conducted at a duly licensed and/or permitted processing facility approved by the city in writing.

(Ord. 2701 § 3 (part), 2007)

(Ord. No. 2908, § 3, 1-24-2017)

A. Preparation and Submission of Diversion Plan. Along with any application for a demolition, building, encroachment and/or grading permit, the applicant for a covered project shall also prepare and submit a diversion plan which:

1. Identifies and describes the nature and purpose of the covered project and its estimated completion period;

2. Identifies the types of improvements to be made in the furtherance of the covered project;

3. Identifies the types of on-site work activities to be performed in the furtherance of the covered project;

4. Identifies all materials (including C&D materials) targeted for diversion; and

5. Acknowledges and declares that no items of Universal Waste from the covered project will be disposed of in either household trash or landfills.

The diversion plan shall be reviewed by the Chief Building Official. The Chief Building Official may approve the diversion plan as submitted; approve the submitted diversion plan subject to amendments, modifications and other conditions; or reject the diversion plan as submitted. The applicant shall comply with the terms of the diversion plan approved by the Chief Building Official.

B. Final Diversion Report. Within sixty (60) days from the date of completion of any covered project as evidenced by the issuance of a certificate of occupancy, the applicant shall submit a final diversion report (hereinafter, the "final report") to the Chief Building Official, which report shall assist the Chief Building Official in determining whether the diversion requirements of Section 8.20.261 have been met with respect to the covered project. The final report, at a minimum, shall include the following:

1. A detailed summary of efforts made to meet the diversion requirement set forth in a form approved by the city;

2. A copy of the hauling agreement with the temporary services franchisee authorized to provide temporary services within the geographic area in which the covered project is located;

3. All invoices received from the temporary services franchisee serving the covered project if a temporary services franchise is used to collect solid waste (including C&D materials) generated by the covered project;

4. If the applicant engages in self-hauling, all weight tickets and receipts from the facilities that received C&D materials generated by the covered project showing the actual weight of material accepted at the facility and the amount of the material that was diverted and disposed of. The weight report must be from scales in compliance with the state and county regulatory requirements for accuracy and maintenance. For solid waste (including C&D materials) for which weighing is not practical due to small size or other considerations, the material type and a volumetric measurement shall be reported;

5. If the covered project contains contamination by hazardous contaminants, hazardous substances, hazardous waste, medical waste or radioactive waste, the applicant shall be required to provide documentation demonstrating and evidencing the pre-existence and/or prior occurrence of such contaminants through no fault of the applicant. The applicant shall also provide receipts, or other like documentation from the facility that received the contaminants as well as the actual weight of contaminants accepted; and

6. Any additional information the applicant believes is relevant to describing its efforts to comply with this chapter.

C. Revisions to Estimated Completion Date for Covered Projects. If the applicant for a covered project with an initial estimated completion period of less than sixty (60) days later determines that completion of the covered project will likely require sixty (60) days or more, the applicant shall communicate such determination in writing to the Chief Building Official along with a revised estimated completion period and an explanation as to the reason why the initial estimated completion period must be revised. If this determination is made prior to the mid-point of the revised estimated completion period, an interim progress report shall be due within five (5) calendar days of the mid-point of the revised estimated completion period. If the determination is made after the mid-point of the revised estimated completion period, an interim progress report shall be due within five (5) calendar days of the date upon which the revised estimated completion period is submitted to the Chief Building Official or such extended period of time as may be authorized by the Chief Building Official in his or her sole discretion. The Chief Building Official may also waive the requirement for an interim progress report altogether, if the revised estimated completion period extends the initial estimated completion period by a period of time determined to be de minimis in the sole discretion of the Chief Building Official. The failure to notify the Chief Building Official of a revised estimated completion period shall constitute a violation of this chapter.

(Ord. 2701 § 3 (part), 2007)

(Ord. No. 2908, § 4, 1-24-2017)

A. Determination of Compliance. The Chief Building Official shall have final discretion in determining compliance with the diversion mandate set forth under Section 8.20.261, above.

B. Adequacy of Final Report. If the applicant's final report demonstrates that solid waste, including C&D materials, generated by the covered project were not collected by a temporary services franchisee, the Chief Building Official shall make a preliminary determination as to whether the applicant's final report provides information sufficient for the Chief Building Official to make a determination as to whether or not the diversion mandates of Section 8.20.261 have been met. Within thirty (30) days from the date the applicant's final report is submitted to the Chief Building Official, the Chief Building Official shall notify the applicant of whether the report is complete and/or sufficient. If the Chief Building Official determines the applicant's final report is incomplete or lacks sufficient information to determine compliance or noncompliance, the Chief Building Official shall notify the applicant of the reasons for the report's inadequacy in writing. Thereafter, the applicant shall be granted ten (10) business days to respond with information identified to make its final report adequate. Failure to respond with adequate information within ten (10) business days shall be considered a failure to comply. The Chief Building Official shall notify the applicant in writing of the failure to comply.

D. Notification of Failure to Meet Diversion Requirements. If the Chief Building Official determines the applicant has failed to meet the diversion requirements of Section 8.20.261, the Chief Building Official shall notify the applicant of its failure to comply in writing. Except as otherwise provided under subsection F of this section, below, the applicant's failure to meet the diversion mandate of Section 8.20.261 shall result in the forfeiture of a percentage of the performance security calculated in the manner set forth under subsection C of Section 8.20.261, above.

E. Reduction/Waiver of Diversion Mandate. Within ten (10) calendar days from the date of the Chief Building Official's determination that an applicant failed to meet the diversion mandate of Section 8.20.261, above, but prior to the actual forfeiture of all or any portion of the performance security, the applicant may submit a written request to the Chief Building Official requesting the reduction or waiver of the diversion mandate. Upon the timely submission of such request, the Chief Building Official may reduce or waive the diversion mandate of Section 8.20.261 if he or she finds by clear and convincing evidence:

1. There are exceptional and extraordinary circumstances or conditions associated with the covered project that do not apply generally to other similar projects or undertakings; and

2. Such exceptional and extraordinary circumstances or conditions are the direct cause of the applicant's failure to meet the diversion mandates of Section 8.20.261; and

3. The applicant has undertaken all reasonable measures necessary to mitigate its failure to meet the diversion mandate of Section 8.20.261, including but not limited to all measures set forth in the diversion plan; and

4. A reduction or waiver of the diversion mandate will not violate applicable law or jeopardize the public health, safety or welfare.

If the Chief Building Official determines a reduction or waiver of the diversion mandate is merited under the circumstances, he or she shall make a written finding stating the reasons for allowing the applicant to fall below the mandated diversion requirement without forfeiting any or all of the performance security. In rendering its decision, the Chief Building Official may request such additional information as he or she deems necessary to warrant a reduction or waiver of the diversion mandate.

F. Failure to Submit Final Report. If an applicant fails to file a final report within the sixty (60) day time frame set forth under subsection B of Section 8.20.262, above, the applicant shall be considered to have failed to comply with the diversion requirements of Section 8.20.261 and the entire performance security shall be forfeited.

(Ord. 2701 § 3 (part), 2007)

The submission of false information to the city by any person in connection with a building, demolition, encroachment or grading permit application, diversion plan, interim progress report, final report, appeal or any other circumstances in which information is provided to the city shall be deemed a violation of this chapter.

(Ord. 2701 § 3 (part), 2007)

In addition to the forfeiture of the performance security under Section 8.20.261 for any violation of the procedures set forth under Sections 8.20.260 through 8.20.265, the city shall have discretion to take any or all of the following actions:

1. Revoke or suspend the building, demolition, grading or encroachment permit of the violator;

2. Bring a civil action for restitution and/or damages;

3. Seek injunctive relief; and/or

4. Refer the violation for prosecution as a misdemeanor.

(Ord. 2701 § 3 (part), 2007)

The applicant may file an administrative appeal with the City Manager on any ruling of the Chief Building Official makes pursuant to the procedures set forth under Sections 8.20.260 through 8.20.26.266. Notice of appeal from the ruling of the Chief Building Official must be filed within fifteen (15) calendar days from the date of the Chief Building Official's final determination or decision on a matter. The decision of the City Manager or his or her designee relative to any matter within the jurisdiction of the Chief Building Official shall be final and shall not be further appealed to the City Council or to any other city body or official.

(Ord. 2701 § 3 (part), 2007)

A. No person shall place, or cause to be placed, any bin of any variety on any public street, sidewalk, parkway, alley, street shoulder or any other portion of the public right-of-way without first obtaining a permit pursuant to this section. For purposes of this section, the aforementioned permit shall hereinafter be referred to as "trash bin encroachment permits."

B. Applications for a trash bin encroachment permit shall be submitted to the Environmental Services Division. Trash bin encroachment permits may only be issued in connection with:

1. Any covered project as defined under Section 8.20.260 of this chapter;

2. Renovation and repair projects performed at all varieties of premises (including but not limited to roof tear-offs);

3. Premises cleanouts (including but not limited to apartment cleanouts);

4. Warehouse cleanups;

5. Nuisance and/or weed abatement cleanups; and

6. Street/road maintenance cleanups.

C. As a standard condition to the issuance of a trash bin encroachment permit, any bin subject to such a permit shall be reflectorized and shall contain the name, address and telephone number of the bin owner/provider. In the event that any reasonably foreseeable risk of harm cannot be reasonably eliminated, the Environmental Services Division may deny an application for a trash bin encroachment permit. The Environmental Services Division may revoke any trash bin encroachment permit on the basis of the permittee's failure to comply with any conditions of approval.

(Ord. 2701 § 3 (part), 2007)

When used in this chapter, the following words and phrases shall have the meaning set forth under this section as follows:

"AB 939" means the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.), and its implementing regulations as both presently exist or as they may be amended, modified or updated from time to time.

"Bin" or "trash bin" means a metal container, including, but not limited to, dumpsters, compactors, roll-off bins, roll-off boxes and the like. All bins/trash bins shall be installed with safety features, including but not necessarily limited to, reflectors and such other safety features as may be required under the terms of a franchise, franchise agreement or this chapter.

"Bulky item(s)" means discarded items that are generally too large to fit in a standard waste container provided by the city's duly authorized, franchised solid waste hauler or which are otherwise inappropriate for placement in such a container. Bulky items include, without limitation, appliances such as air conditioners, dishwashers, refrigerators and freezers, heaters, microwave ovens, stoves, washing machines and dryers; television sets; computers, printers and computer parts, equipment and accessories; furniture (including box springs, chairs, desks, mattresses, cabinets, patio furniture, sofas and tables); wooden pallets and shipping crates; large cardboard boxes and/or packing materials; suitcases; exercise equipment (including treadmills, ellipticals, weights and weight machines; slides and swing sets; tires; toilets, sinks and other kitchen and bathroom fixtures; tools; construction and demolition waste and debris (including wood, drywall, paint cans, broken concrete, glass, insulation, etc.); vehicles and/or vehicle parts; and large tree branches and logs and bags containing green waste. The term bulky items may include items that also qualify as solid waste and/or hazardous waste and items which contain hazardous substances and/or hazardous contaminants.

"C&D materials" means solid waste, such as building materials, packing and inert debris generated by "covered projects." Common C&D materials include, but are not limited to: lumber, metals, pipe, wire, sheet metal, asphalt, concrete, stone, brick, slate, masonry, drywall, carpet, carpet padding and foam, packing materials, cardboard, paper, construction materials, doors, windows, fixtures, plastics, appliances, ceiling or floor tiles, green waste or landscape debris related to land development such as soil, brush, trees, rock, branches or stumps.

"Cart" means a plastic or otherwise nonmetallic container with a hinged lid and wheels which may be serviced by an automated or semi-automated process, as opposed to a manual process of lifting and dumping.

"Chief Building Official" means the Chief Building Official of the El Monte Building Division or designee.

"City" or "city of El Monte" means the city of El Monte, a municipal corporation and general law city, and all the territory lying within the municipal boundaries of the city of El Monte as presently existing or as such boundaries may be modified during the term of the agreement codified in this chapter.

"City Council" means the El Monte City Council, inclusive of the Mayor of the city of El Monte, within the meaning of Chapter 2.04 (City Council) and Chapter 2.08 (Mayor) of the El Monte Municipal Code.

"City Manager" means the City Manager of the city of El Monte within the meaning of Chapter 2.12 of the El Monte Municipal Code or the City Manager's designee.

"Collect," "collection" or "collected" means to take physical possession of, transport and remove solid waste, recyclable materials and/or other like materials within the territorial boundaries of the city of El Monte.

"Collection vehicle" means any legally authorized and legally compliant motorized vehicle designed for the collection of solid waste, recyclable materials or other discarded items, substances or materials.

"Commercial premises" means any building, structure, lot or real property parcel upon which commercial, industrial, manufacturing or other like for-profit or nonprofit business activities are conducted and lawfully permitted, including, but not limited to, retail sales, office uses, services, mechanical repair services, entertainment services, restaurant services, hotel/motel/lodging services, medical facilities, wholesale operations, heavy manufacturing operations, light manufacturing operations, storage, warehousing, and industrial operations, but excluding residential premises upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the property. Notwithstanding any provision to the contrary contained in this definition, a premises lawfully used for the following purposes shall be deemed to commercial premises for purposes of this chapter: adult residential facilities; assisted living facilities; convalescent homes; dormitories; extended stay motels; group residential facilities; group care facilities; hotels; motels; any lot, real property parcel or portion thereof lawfully used for the location of residential mobilehomes (e.g., any residential mobilehome park); and any residential portion of a mixed use development as the term "mixed use development" is defined under Chapter 17.150 of this code.

"Conditioned area" means the total floor area of any dwelling, excluding the floor area that is not fully enclosed and outside laundries, outside storage rooms, garages, and carparks.

"Container" means any and all types of receptacles designed, used and intended for the temporary deposit, accumulation and containment of solid waste, recyclable materials and other discarded items or materials. As used in this chapter, the term "container" is inclusive of carts, bins, and receptacles provided by customers such as plastic/metallic household trash cans. All containers provided to a customer by a franchisee shall identify the name, business address and telephone number of the franchisee.

"Customer" means any person receiving solid waste handling services from a franchisee.

"Disposal" or "disposed" shall have the same meaning as set forth under Section 40192 of the California Public Resources Code.

"Diversion" and "divert" mean and refer to the reduction or elimination of the amount of solid waste destined for solid waste disposal at solid waste landfills or transformation facilities in accordance with applicable federal, state or local laws and requirements; such activities include source reduction, recycling and composting. The term "diversion" as used in this chapter is also inclusive of the definition for "diversion" set forth under Section 40124 of the California Public Resources Code.

"Dumpster" means a bin equipped with wheels and designed to be mechanically lifted by and emptied into or carted away by a collection vehicle.

"Franchise," as an unmodified term, means a franchise approved and awarded in accordance with Chapter 18.12 (Solid Waste Handling Franchises) of the El Monte Municipal Code which authorizes a solid waste enterprise to perform of solid waste handling services and services for the collection, transportation, storage, transfer or processing of recyclable materials where such services are rendered for compensation in a manner the results in a net payment to the person rendering the services.

"Franchise agreement" means any City Council approved agreement evidencing, memorializing, formalizing and detailing the scope, terms, conditions and requirements of a franchise awarded a solid waste enterprise in accordance with Chapter 18.12 (Solid Waste Handling Franchises) of the El Monte Municipal Code.

"Franchisee" means any solid waste enterprise awarded a franchise in accordance with Chapter 18.12 (Solid Waste Handling Franchises) of the El Monte Municipal Code.

"Green waste" means all tree and plant trimmings, grass cuttings, dead plants, weeds, leaves, branches, brush and similar materials; provided such materials are separated from and uncontaminated by other solid waste, hazardous waste, hazardous substances, hazardous contaminants, radioactive waste, or medical waste. For purposes of this definition, "green waste" also includes discarded holiday trees.

"Hazardous contaminant" means:

1. Any substance, material or waste which falls within the definition of, or which otherwise qualifies as, a "hazardous material," "hazardous substance," "hazardous waste," "acutely hazardous waste," "extremely hazardous waste," "toxic waste," "pollutant" and/or "toxic substance" within the meaning of any or all of the following:

a. The Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. 9601 et seq.,

b. The Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Section 6901 et seq.,

c. The Hazardous Materials Transportation Act ("HTMA"), 49 U.S.C. Section 5101 et seq.,

d. The Clean Water Act ("CWA"), 33 U.S.C. Section 1251 et seq.,

e. The Clean Air Act ("CAA"), 42 U.S.C. Section 7401 et seq.,

f. Section 40141 of the California Public Resources Code,

g. Sections 25110.02, 25115 through 25117, 25281, 25316, 25501 and/or 25501.1 of the California Health and Safety Code; Section 13050 of the California Water Code, and

h. Any amendments, rules or regulations promulgated pursuant to such enumerated statutes and statutory schemes;

2. Any chemical which the Governor of the state of California has identified as a chemical known to the state of California to cause cancer or reproductive toxicity in accordance with Section 25249.8 of the California Health and Safety Code;

3. Any crude oil or refined or unrefined petroleum product or any fraction or derivative thereof; or

4. Any asbestos or asbestos-containing material.

"Hazardous substance" means any of the following:

1. Any substances defined, regulated or listed (directly or by reference) as a hazardous substance, hazardous material, hazardous waste, toxic waste, pollutant or toxic substance or similarly identified as hazardous to human health or the environment, in or pursuant to:

a. The Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601 et seq., (CERCLA),

b. The Hazardous Materials Transportation Act, 49 U.S.C. Section 1802, et seq.,

c. The Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.,

d. The Clean Water Act, 33 U.S.C. Section 1251 et seq.,

e. California Health and Safety Code Sections 25115 through 25117, 25249.8, 25281 and 25316,

f. The Clean Air Act, 42 U.S.C. Section 7901 et seq., and

g. California Water Code Section 13050;

2. Any amendments, rules or regulations promulgated to such enumerated statutes or acts currently existing or hereafter enacted; and

3. Any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable federal, state or local environmental law currently existing or hereinafter enacted, including, without limitation, asbestos, polychlorinated biphenyl's (PCBs), petroleum, methane gas, natural gas and synthetic fuel products and byproducts.

"Hazardous waste" means all substances defined as "hazardous waste," "acutely hazardous waste" or "extremely hazardous waste" under California Health and Safety Code Sections 25117, 25110.02 and 25115, or in any amendments to or recodifications of such statutes, or identified and listed as hazardous waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), all amendments thereto, and all rules and regulations promulgated thereunder. The term "hazardous waste" will be construed to have the broader, more encompassing meaning where a conflict exists in the definitions employed by two (2) or more governmental entities having concurrent or overlapping jurisdiction over hazardous waste.

"Household hazardous wastes" or "HHW" are those wastes resulting from products purchased by the general public for household use which, because of their quantity, concentration, or physical, chemical, or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly treated, disposed, or otherwise managed.

"Illegal dumping" means the willful, intentional or negligent depositing, throwing, dropping, placing or dumping of solid waste, bulky items, hazardous substances, hazardous waste, hazardous contaminants, medical waste, or radioactive waste on public or private property that is not expressly designated for the purpose of disposal or dumping of solid waste, bulky items, hazardous substances, hazardous waste, hazardous contaminants, medical waste, or radioactive waste. Illegal dumping does not include littering, discarding or dropping small quantities of solid waste ordinarily carried on or about the person, or escaping from trash bins, carts, or containers including, but not limited to, beverage containers and closures, packaging, wrappers, wastepaper, newspapers and magazines.

"Local enforcement agency" shall have the same meaning as the meaning given to the term "enforcement agency" under Section 40130 of the California Public Resources Code.

"Lot" shall have the same meaning as set forth under Chapter 17.152 of this code as the same presently exists or as it may be modified or amended from time to time.

"Materials recovery facility" or "MRF" means a permitted solid waste facility where solid wastes or recyclable materials are sorted or separated, by hand or by use of machinery, for the purposes of recycling or composting.

"Medical waste" means waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code).

"Multifamily premises" means:

1. Any single building or structure containing four (4) or more residential dwelling units; or

2. Any building, structure, lot or real property parcel containing two (2) or more residential dwelling units which the City Manager determines must receive solid waste handling services through the use of a shared bin(s) as such units may not reasonably receive individualized solid waste handling services through the use of carts or resident provided containers.

The foregoing notwithstanding, residential dwelling units which are part of a "planned development" as the term is defined under Section 1351 of the California Civil Code shall not be considered multifamily premises but instead shall be considered residential premises. For purposes of illustration, "multifamily premises" include but are not necessarily limited to any apartment building or apartment structure containing four (4) or more residential units; or any single, exclusively residential high-rise/mid-rise building or structure. For purposes of this chapter, "multifamily premises" do not include "mixed used developments" as defined under Chapter 17.150 of this code or any residential portion of a "mixed used development."

"Permitted solid waste facility" means a solid waste facility for which there exists a solid waste facilities permit issued by the local enforcement agency and also approved by the California Integrated Waste Management Board California Department of Resources Recycling and Recovery.

"Person" means any individual, natural person, firm, association, organization, general partnership, limited partnership, corporation, limited liability company, limited liability partnership, business trust, living trust, joint venture, the federal government of the United States, the state of California, the county of Los Angeles, a municipal corporation, or special purposes districts. The definition for "person" is also inclusive of the definition for "person" set forth under Section 40170 of the California Public Resources Code. The term "person" will be construed to have the broader, more encompassing meaning where a conflict exists in the definitions partially set forth under this definition and the definition set forth under Section 40170 of the California Public Resources Code.

"Premises," as an unmodified term, means any building, structure, lot, real property parcel or portion thereof located within the territorial boundaries of the city of El Monte. The unmodified term "premises" is inclusive of all residential premises, multifamily premises and commercial premises as the same are defined under this chapter.

"Processing" shall have the same meaning as set forth under Section 40172 of the California Public Resources Code as the same presently exists or as it may be amended from time to time.

"Processing station" shall have the same meaning as set forth under Section 40200 of the California Public Resources Code as the same presently exists or as it may be amended from time to time.

"Radioactive waste" means waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the California Health and Safety Code.

"Recycle," "recycled" and "recycling" as unmodified terms, shall have the same meaning as set forth under Section 40180 of the California Public Resources Code as the same presently exists or as it may be amended from time to time.

"Recyclable materials" means any material, substance or item which has the potential to be recycled, including, but not limited to, any such materials, substances or items which may be contained within, or commingled with, solid waste and/or other materials, substances or items that are not capable of being recycled.

"Recycling facility" means a facility designed and operated for the purpose of collecting and/or processing recyclable materials which is certified by the California Department of Conservation as meeting the requirements of the Container Recycling and Litter Act of 1986.

"Residential premises" means:

1. Any single building, structure, lot or real property parcel containing three (3) or fewer residential dwelling units, except to the extent the City Manager determines the residential dwelling units within such dwellings, buildings or structures must receive solid waste handling services through the use of a shared bin(s) as such units may not reasonably receive individualized solid waste handling services through the use of carts or resident-provided containers; or

2. Each residential dwelling unit which is part of a "planned development" as the term is defined under Section 1351 of the California Civil Code; or

3. Any single-family residential dwelling unit attached to one or more single-family residential dwelling units by a common vertical wall(s), with each dwelling unit located on a separate lot; or

4. Any second unit/granny flat.

A residential premises which either has been or is unlawfully used or improved with more than three (3) residential dwelling units shall not by virtue of this definition or such unlawful improvement become a commercial premises or a multifamily premises but shall remain residential premises.

"Reuse" means the recovery or reapplication of a material for uses similar or identical to its originally intended application, without manufacturing or preparation processes that significantly alter the material.

"Roll-off bin" and "roll-off box" means a bin (including compactors) constructed to roll and be conveyed by a roll-off collection vehicle.

"Scavenge" or "scavenging" means and refers to the unauthorized act of removing recyclable materials or any other commodity designated by the city to have recyclable properties or value by any person other than those expressly authorized under this chapter.

"Self-hauling" or "self-haul" means and refers to the hauling of green waste and solid waste (including recyclable materials and C&D materials) to a landfill, recycling facility, permitted solid waste facility or for reuse provided such hauling is undertaken through the use of the self-hauler's own equipment and employees. "Self-hauling" does not include the contracting or subcontracting of hauling services with any third party, including, but not limited to, any solid waste enterprise that is not franchised to perform any variety of solid waste handling services within the city of El Monte.

"Solid waste" shall have the same meaning as set forth under Section 40191 of the California Public Resources Code, except to the extent that such definition is inclusive of substances or wastes which fall within the definition of "hazardous substances," "hazardous waste," or "hazardous contaminants" as defined under this chapter. Furthermore, in accordance with Section 40191 of the California Public Resources Code, "treated medical waste" (as opposed to medical waste that is not treated) shall be considered "solid waste."

"Solid waste disposal" shall have the same meaning as set forth under Section 40192 of the California Public Resources Code as the same presently exists or as it may be amended from time to time.

"Solid waste enterprise" shall have the meaning set forth under Section 40193 of the California Public Resources Code, its implementing regulations as both may be amended from time to time.

"Solid waste facility" shall have the same meaning as set forth under Section 40194 of the California Public Resources Code as the same presently exists or as it may be amended from time to time.

"Solid waste handling" shall have the same meaning as set forth under Section 40195 of the California Public Resources Code as the same presently exists or as it may be amended from time to time.

"Source reduction" shall have the same meaning as set forth under Section 40196 of the California Public Resources Code as the same presently exists or as it may be amended from time to time.

"Source reduction and recycling element" or "SRRE" means the source reduction and recycling element required pursuant to Section 41000 and 41300 of the California Public Resources Code.

"Source-separated recyclable materials" means recyclable materials that have been segregated from nonrecyclable components of solid waste by the solid waste generator for purposes of recycling.

"State" means the state of California.

"Temporary services" means solid waste handling services provided to a customer on an intermittent, nonpermanent, as-needed basis for specific projects, activities or undertakings that are of a temporary nature (i.e., that are finite in duration). In addition, such temporary services shall necessarily mean solid waste services performed only for that period of time necessary for the recipient of such services to complete the project, activity or undertaking for which the temporary services have been retained. For purposes of illustration, temporary services include, but are not necessarily limited to:

1. Any project, activity or undertaking involving construction, demolition, additions, alterations, remodeling, encroachments, tenant improvements or grading when such projects, activities or undertakings require a building, demolition, encroachment and/or grading permit;

2. Any renovation and repair projects performed at all varieties of premises (including, but not limited to, roof tear-offs);

3. Any premises cleanouts (including, but not limited to, apartment cleanouts);

4. Any warehouse cleanups;

5. Nuisance and/or weed abatement cleanups; or

6. Any street/road maintenance cleanups.

"Transfer station" shall have the same meaning as set forth under Section 40200 of the California Public Resources Code as the same presently exists or as it may be amended from time to time.

"Transformation facility" means a facility whose principal function is to convert, combust, or otherwise process solid waste by incineration, pyrolysis, destructive distillation, or gasification, or to chemically or biologically process solid wastes, for the purpose of volume reduction, synthetic fuel production, or energy recovery. The foregoing notwithstanding, the term "transformation facility" does not include any permitted solid waste facility dedicated solely and exclusively to the production of "compost" as the term "compost" is defined under Section 40116 of the California Public Resources Code.

"Universal Waste" means and includes primarily consumer products containing mercury, lead, cadmium and other substances which are hazardous to human health and the environment. These items cannot be discarded in household trash nor disposed of in landfills. Examples of universal waste are batteries, fluorescent tubes, and many electronic devices.

"Waste generator" means any person whose actions, activities, undertakings or processes generate or otherwise produce solid waste or whose actions, activities, undertakings or processes cause solid waste to become subject to regulation.

(Ord. 2701 § 3 (part), 2007; Ord. No. 2908, § 5, 1-24-2017; Ord. No. 2952, §§ 5, 6, 9-17-2019; Ord. No. 3023, § 4.C(Exh. C), 5-2-2023)