Fairfield Municipal Code Art. I General Provisions

This Chapter is known and may be cited as the Solid Waste Collection Services Ordinance of the City of Fairfield.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1)

It is the intent of the City Council in adopting this Chapter to set forth terms and conditions pursuant to which authorization may be granted by the council to provide Solid Waste Collection Services, and to promote the public health, welfare and safety of the community by establishing reasonable regulations relating to the storage, accumulation, collection and disposal of Solid Waste.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1)

For the purposes of this Chapter, the words, terms and phrases as defined in Section shall be construed as hereinafter set forth, unless it is apparent from context that a different meaning is intended:

Act.

“Act” means the California Integrated Waste Management Act of 1989 (sometimes referred to as “AB 939”), including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), Public Resources Code § 40000 and following as it may be amended, and as implemented by the regulations of CalRecycle.

Authorized C&D Collector.

“Authorized C&D Collector” shall mean an Authorized Collector with a Collection Agreement for the Collection of Construction and Demolition Waste.

Authorized Collector.

“Authorized Collector” shall mean a Solid Waste Enterprise operating under the provisions of a Collection Agreement approved by the City Council.

Bin.

“Bin” shall mean a detachable container used in connection with Commercial/Industrial Premises with a capacity equal to or less than six cubic yards that is serviced using a front-end loading vehicle.

Box.

“Box,” sometimes known as a “roll-off,” “drop” box or “debris” box, means a wheeled or sledded container or compactor, generally 10 to 40 cubic yards in size, that is picked up in its entirety by a dedicated truck.

Bulky Waste.

“Bulky Waste” shall mean oversized or overweight household articles placed curbside by a Residential Householder, which oversized or overweight household articles have weights, volumes, or dimensions which cannot be accommodated by a Standard Residential Container, such as stoves, refrigerators (Freon free), water heaters, washing machines, furniture, sofas, mattresses, box springs, large rugs, and Green Waste that does not fit into a Standard Residential Container, including stumps or branches exceeding three, inches in diameter or three, feet in length.

CalRecycle.

“CalRecycle” means the California Department of Resources, Recycling and Recovery, or any successor agency.

Cart.

“Cart” shall mean an industry-standard receptacle for Garbage, Recyclables, or Organic Waste made of metal, hard rubber, or plastic in a range of sizes approximately 35, 65, or 95 gallons with wheels, a handle for ease of movement, and a tight-fitting, attached lid, and designed to be dumped mechanically into a collection vehicle.

City.

“City” shall mean the City of Fairfield, a California municipal corporation.

City Manager.

“City Manager” shall mean the city manager of the City of Fairfield or his or her designee.

Collection.

“Collection” shall mean the operation of gathering together within the City, and transporting to the point of Disposal or Processing, any Garbage, Organic Waste, and Recyclables.

Collection Agreement.

“Collection Agreement” shall mean an agreement between the City and a Solid Waste Enterprise, entered into pursuant to Article II of this Chapter, for the provision of Solid Waste Collection Services In the City.

Collector Fee.

“Collector Fee” shall mean the fee paid to the City by an Authorized Collector pursuant to this chapter.

Commercial/Industrial Business Owner.

“Commercial/Industrial Business Owner” shall mean any Person holding or occupying, alone or with others, Commercial/Industrial Premises, whether or not it is the holder of the title or owner of record of the Commercial/Industrial Premises.

Commercial Edible Food Generator.

“Commercial edible food generator” includes a Tier One or a Tier Two commercial edible food generator.

Commercial/Industrial Premises.

“Commercial/Industrial Premises” shall mean all occupied real property In the City, except property occupied by state or local governmental agencies which pursuant to state or federal laws are exempt from the requirement to utilize the City’s Authorized Collector and, except Residential Premises as defined herein, shall include, without limitation, wholesale and retail establishments, restaurants and other food establishments, bars, stores, shops, offices, industrial establishments, manufacturing establishments, service stations, repair, research and development establishments, professional, services, sports or recreational facilities, Construction and Demolition Sites, a Multi-Family Residence that is not a Residential Premises, and any other commercial or industrial business facilities, structures, sites, or establishments In the City.

Construction and Demolition Waste Collection Agreement.

“Construction and Demolition Waste Collection Agreement” shall mean an agreement between the City and an Authorized C&D Collector, entered into pursuant to Article II of this Chapter, for the provision of collection of Construction and Demolition Waste In the City.

Construction and Demolition Collector Fee.

“Construction and Demolition Collector Fee” shall mean the fee paid to the City by an Authorized C&D Collector pursuant to this chapter.

Construction and Demolition Sites.

“Construction and Demolition Sites” shall mean any real property In the City, on or from which a building or structure is being constructed, enlarged, altered, repaired, moved or demolished, including but not limited to the change of occupancy of a building, and/or electrical, gas, mechanical or plumbing systems, and which produces Construction or Demolition Waste which must be removed from the property, and requires the use of a Bin or a Box for that purpose.

Construction and Demolition Waste.

“Construction and Demolition Waste” shall mean any non-putrescible Solid Waste generated as the result of construction, remodeling, repair, demolition, or renovation operations on any pavement, house, commercial building or other structure, including but not limited to, dirt, sand, rock, gravel, bricks, plaster, gypsum wallboard, aluminum, glass, asphalt material, plastic pipe, roofing material, carpeting, concrete, wood, masonry, rocks, trees, surplus materials, or remnants of new materials, including but not limited to paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging and rubble, whether brought on site for fabrication or intended for use on the site, excluding liquid and hazardous wastes.

Container.

“Container” shall mean any Bin, Box or Cart used for the purpose of holding Garbage, Recyclables, or Organic Waste for Collection.

Disposal.

“Disposal” shall mean the final disposition of Solid Waste collected.

Edible Food.

“Edible Food” means food intended for human consumption. For purposes of this chapter, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this chapter requires or authorizes the recovery of food that does not meet the food safety requirements of the California Retail Food Code.

Food Waste.

“Food Waste” means (1) food scraps including all scraps, trimmings, and other putrescible waste that results from food production, preparation, storage, consumption, or handling; and (2) food-soiled paper, which is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, and pizza boxes.

Garbage.

“Garbage” means all putrescible and non-putrescible solid, semi-solid, and liquid wastes generated or accumulated through the normal activities of a premises. Garbage does not include Recyclables or Organic Waste that is source-separated and set out for the purposes of collection and recycling.

Green Waste.

“Green Waste” means leaves, grass, weeds, landscape and pruning waste, wood materials from trees and shrubs, and other forms of organic materials generated from landscapes or gardens.

Hazardous Waste.

“Hazardous Waste” shall have the meaning set forth in California Code of Regulations, Title 14 § 17225.32 and Health and Safety Code § 25117, or successor laws and regulations as may be amended from time to time.

High Diversion Organic Waste Processing Facility.

“High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of the Act and meets or exceeds an annual average mixed waste organic content recovery rate of 50% between January 1, 2022, and December 31, 2024, and 75% after January 1, 2025, as calculated pursuant to the Act for Organic Waste received from the mixed waste organic collection stream as defined in the Act; or, as otherwise defined in the Act.

Holiday.

“Holiday” shall mean: New Year’s Day, Independence Day, Thanksgiving Day and Christmas Day. “Holiday” shall also mean any other day recognized by resolution of the City Council or designated in the applicable Collection Agreement.

Household Hazardous Waste.

“Household Hazardous Waste” shall have the meaning set forth in California Code of Regulations, Title 14 § 18502, or successor laws and regulations as may be amended from time to time.

In the City or Within the City.

“In the City” or “Within the City” shall mean all of the territory within the corporate boundaries of the City as such boundaries exist on the effective date of this Chapter or may thereafter exist by virtue of annexation of territory to or detachment of territory from the boundaries of the City.

Manure.

“Manure” shall mean the waste droppings from any animal.

Medical and Infectious Waste.

“Medical and Infectious Waste” shall mean biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities, and other similar establishments.

Mobile Home.

“Mobile Home” shall have the meaning set forth in California Health and Safety Code § 18200.

Mobile Home Parks.

“Mobile Home Parks” means a site at which Mobile Home spaces are rented for residential use.

Multi-Family Residence.

“Multi-Family Residence” shall mean any building or structure, including but not limited to Mobile Home Parks, or portion thereof, used for residential purposes having five or greater distinct living units.

Organic Waste.

“Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to Food Waste, Green Waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in the Act. Biosolids and digestate are as defined by the Act.

Person.

“Person” shall mean any individual, association, firm, partnership, corporation, organization, or any other group or combination thereof acting as a unit.

Processing.

“Processing” shall mean the controlled and monitored process of reduction, separation, recovery, conversion, or recycling of Organic Waste or Recyclables for the purpose of recovery.

Public Agency.

“Public Agency” shall mean any governmental agency or department thereof, whether federal, state, or local.

Recyclables.

“Recyclables” shall mean those materials that are separated from Solid Waste prior to disposal to be recycled consistent with the requirements of the Act. The City may adopt a schedule of materials suitable for Recycling, as determined by resolution of the City Council, or as set forth in a Collection Agreement, which may be revised periodically.

Recycling.

“Recycling” shall mean the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become Garbage, and returning 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. “Recycling” does not include transformation as defined in Public Resources Code Section 40201.

Residential Householder.

“Residential Householder” shall mean any Person or Persons holding or occupying Residential Premises In the City, whether or not the owner of the Residential Premises.

Residential Owner.

“Residential Owner” shall mean the owner of any Residential Premises Within the City.

Residential Premises.

“Residential Premises” shall mean: (i) any building or structure, or portion thereof, that is used for residential housing purposes and has four (4) or fewer distinct living units; and (ii) any multiple unit residential complex which, with the prior written approval of the City Manager, receives Solid Waste Collection services using Standard Residential Containers.

Resource Recovery.

“Resource Recovery” shall mean any use of Solid Waste collected pursuant to this Chapter, except for landfill Disposal or transfer for landfill Disposal. “Resource Recovery” shall include, but is not limited to, backhauling, transformation, composting, and multi-material Recycling.

SB 1383.

“SB 1383” or “Senate Bill 1383” shall mean Chapter 13.1 (commencing with Section 42652) of Part 3 of Division 30 of the California Public Resources Code, together with Sections 39730.5 through 39730.8 of the California Health and Safety Code, as they may be amended, as implemented by Title 14, Division 4, Chapter 12 of the California Code of Regulations.

Solid Waste.

“Solid Waste” shall mean all putrescible and non-putrescible solid, semisolid, and liquid wastes generated or accumulated for collection, processing, or disposal Within the City. Solid Waste includes Garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, Construction and Demolition Wastes; discarded home appliances, or Bulky Waste; dewatered, treated, or chemically fixed sewage sludge which is not a Hazardous Waste or Special Waste; Recyclables; Manure, Organic Waste, vegetable or animal solid and semisolid wastes; Special Items, Special Wastes; and other discarded solid and semisolid wastes. “Solid Waste” does not include Hazardous Waste or Medical and Infectious Waste.

Solid Waste Collection Services.

“Solid Waste Collection Services” shall mean the Collection, storage, or transfer of Solid Waste.

Solid Waste Enterprise.

“Solid Waste Enterprise” shall mean any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing Solid Waste Collection Services.

Special Items.

“Special Items” shall mean any bulky or heavy objects that require Bin service and are not Bulky Waste, including, but not limited to, dirt, sod, brick, Manure, waste from any poultry yard or stable, and Construction and Demolition Waste.

Special Wastes.

“Special Wastes” include flammable waste; waste transported in a bulk tanker; liquid waste; sewage sludge; pollution control process waste; residue and debris from the cleanup of a spill or release of chemical substances or any other Special Wastes; contaminated soil, waste, residue, debris and articles from the cleanup of a site or facility formerly used for the generation, storage, treatment, Recycling, reclamation, or Disposal of any other Special Wastes; dead animals; waste water; explosive substances; radioactive substances; industrial appliances; and abandoned vehicles and parts thereof.

Standard Commercial/Industrial Container.

“Standard Commercial/Industrial Container” shall mean a state-of-the-art Bin used in connection with Commercial/Industrial Premises designed for mechanical pick-up by Collection vehicles and equipped with a lid, or where appropriate for the Commercial/Industrial Premises being served, a state-of-the-art Box, and shall include other types of Containers suitable for the storage and Collection of commercial/industrial Solid Waste if approved in writing by the City Manager.

Standard Residential Container.

“Standard Residential Container” shall mean a standardized Cart used in connection with Residential Premises designated for the Collection of Solid Waste, having the capacity designated in the applicable Collection Agreement, and of a design, color and durability as approved by the City Manager.

Tier One Commercial Edible Food Generator.

“Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

(a)

Supermarket.

(b)

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

(c)

Food Service Provider.

(d)

Food Distributor.

(e)

Wholesale Food Vendor.

Tier Two Commercial Edible Food Generator.

“Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

(a)

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

(b)

Hotel with an on-site Food Facility and 200 or more rooms.

(c)

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

(d)

Large Venue.

(e)

Large Event.

(f)

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.

(g)

A Local Education Agency facility with an on-site Food Facility.

Vacant Property.

“Vacant Property” shall mean real property that is not occupied by any Person for a period of 30 days or more.

Waste Reduction and Recycling Plan.

“Waste Reduction and Recycling Plan” shall mean information submitted to City for reporting diversion requirements to City. The information may be submitted online or in person and shall consist of an estimated materials checklist submitted prior to construction, a final report submitted at completion of project prior to final inspection, and all necessary documentation to verify accuracy of information.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1)