Fairfield Municipal Code Art. V Exclusions

No provision of this Chapter shall prevent Residential Householders from collecting and disposing of occasional loads of Solid Waste generated in or on their Residential Premises, or from composting Organic Waste, or from selling or donating Recyclables generated in or on their Residential Premises. No Residential Householder, however, shall employ or engage any Solid Waste Enterprise, other than the Authorized Collector, to haul or transport such materials to a transfer station or landfill.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.220)

No provisions of this Chapter shall prevent a gardener, tree trimmer or Person engaged in a similar trade from collecting and delivering to a Resource Recovery facility grass cuttings, prunings, and similar material not containing other Solid Waste when incidental to providing such gardening, tree trimming, or similar services. Notwithstanding the foregoing, landscape contractors under contract to the City shall comply with all requirements of the applicable City contract.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.230)

A. Source Separated Recyclables. No provision of this Chapter shall prevent a Commercial/Industrial Business Owner from selling to a buyer (whether such buyer is a recycler, junk dealer, or other enterprise engaged in the business of buying and marketing such materials in stream of commerce, for a monetary or other valuable consideration), or from donating to a charitable organization, any source separated Recyclables, including without limitation, any saleable scrap, discard, reject, by-product, ferrous or non-ferrous metal, worn-out or defective part, junk, pallet, packaging material, paper or other similar item generated in, on or by a Commercial/Industrial Premises or business, and no longer useful to such commercial/industrial business. Any such buyer, however, must not be engaged in the business of collecting Solid Waste or Recyclables for a fee, other charge, or consideration. Further, no such materials may be transported for disposition to a landfill or transfer station (as defined in Public Resources Code Section 40200). Source separated Recyclables within the meaning of this Section shall mean Recyclables separated on the Commercial/Industrial Premises from Solid Waste for the purpose of sale, not mixed with or containing more than incidental or minimal Solid Waste and having a market value.

No provision of this Chapter shall prevent a recycler, junk dealer or other enterprise engaged in the business of buying and marketing such materials in stream of commerce, and which is not engaged in the business of collecting Solid Waste or providing Solid Waste Collection services for a fee, other charge or consideration, from buying any materials referenced in this paragraph “A” for monetary or other valuable consideration, and removing and transporting such materials to a destination for marketing (but not for disposition in a landfill or transfer station (as defined in Public Resources Code Section 40200)). No such buyer shall buy or transport such materials without prior authorization from the City, as required by this Code, whether in the form of a business license, a business permit, or a nonexclusive Collection Agreement.

B. In-House Recycling Programs. Nothing in this Chapter shall prevent a Commercial/Industrial Business Owner which has its own Recycling or Resource Recovery program for Recyclables generated by such business and not utilizing a Solid Waste Enterprise which provides Collection services for a fee, service charge, or other consideration, from continuing such Recycling or Resource Recovery program, and the Recyclables included in such program are excepted from any Collection Agreement entered into by the City.

C. Renovation, Rebuilding, Repairs. No provision of this Chapter shall prevent a Commercial/Industrial Business Owner from arranging for any worn, spent, or defective equipment, or part thereof, used in such commercial/industrial business and requiring renovation, rebuilding, recharging, regeneration or repair, to be picked up, renovated, rebuilt, recharged, regenerated or otherwise restored and repaired and returned to such Commercial/Industrial Business Owner; nor shall any provision of this Chapter prevent any Person engaged in the business of renovating, rebuilding, recharging, regenerating, or otherwise restoring or repairing such equipment or part thereof, from transporting the same from or returning it to the commercial/industrial business, or from removing, transporting or disposing of any such equipment, or part thereof, replaced in connection with an equipment repair or service contract.

D. Solid Waste. No provision of this Chapter shall prevent Commercial/Industrial Business Owners from collecting and disposing of occasional loads of Solid Waste generated in or on their Commercial/Industrial Premises. No Commercial/Industrial Business Owner, however, shall employ or engage any Solid Waste Enterprise, other than the Authorized Collector, to haul or transport such materials to a transfer station or landfill.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.240)

No provision of this Chapter shall prevent a licensed contractor having a contract for the demolition or reconstruction of a building, structure, pavement, or concrete installation from marketing any saleable items salvaged from such demolition or reconstruction, or from causing such salvageable items or Construction and Demolition Waste to be removed and transported from the premises on which such waste is generated, pursuant to the provisions of the demolition or construction contract. If a subcontractor is to be engaged to remove such Construction and Demolition Waste, the subcontractor must be an Authorized Collector.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.250)

No provision of this Chapter shall prevent any Person engaged in the business of destroying or disposing of secret, confidential, or sensitive documents from transporting or disposing of such documents by shredding, lumping, incinerating or other means, as a part of such document destruction or Disposal service.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.260)

Notwithstanding Paragraph C of Section 9.210, and in addition to the authority granted by Section 9.120, nothing in this Chapter shall prevent a Commercial/Industrial Business Owner or Residential Householder from, on a regular basis, collecting and disposing of Solid Waste generated in or on their premises, in lieu of availing themselves of the services of the Authorized Collector.

No Residential Householder or Commercial/Industrial Business Owner shall employ or engage any Solid Waste Enterprise, other than an Authorized Collector, to haul or transport such materials to a transfer station or landfill. Any Residential Householder or Commercial/Industrial Business Owner who, pursuant to this Section, seeks to collect and dispose of Solid Waste generated in or on their premises, on a regular basis, must first obtain a self-haul permit from the City by completing an application and paying the required fee, and must comply with procedures for self-hauling to be adopted by the City Council by resolution and other applicable laws, including the following requirements:

A. Comply with the requirements in this Chapter by delivering Recyclables or Organic Waste to permitted facilities that will process those materials in accordance with the requirements and intent of this Chapter (Organic Waste shall not be delivered to a facility for ultimate use as alternative daily cover or for disposal).

B. Complete, submit to City, and retain on-site a self-hauling form certifying that all self-hauling activities will be completed in accordance with this Chapter and any other applicable law or regulation, including SB 1383.

C. Provide proof of compliance with this Chapter, upon request from the city manager; proof includes, but is not limited to, receipts and/or invoices from a Resource Recovery facility that clearly identifies the type and quantity of material delivered for all material hauled. Records shall be retained for a minimum of 24 months.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.270)

Special Exclusions may be granted by the City Manager for businesses that provide Collection of Solid Waste solely in conjunction with other services that are not provided by an Authorized Collector or Authorized C&D Collector. A Special Exclusion may not be granted where more than four cubic yards of Solid Waste will be disposed of in a landfill or where a Bin is used on-site. Examples of such businesses include, but are not limited to, businesses that enter onto private property and clean up and remove Solid Waste on an occasional basis. Any Person who, pursuant to this Section, seeks a Special Exclusion, must first obtain a Special Exclusion Permit from the City by completing an application and paying the required fee, and must comply with procedures for Special Exclusions to be adopted by the City Council by resolution. Any business engaged in the Collection of Solid Waste pursuant to a Special Exclusion Permit must use a vehicle or trailer that is equipped with a non-detachable debris container with an open top, that is not capable of loading itself, and the driver must remain with the vehicle while it is being loaded.

(Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.271)

A Commercial/Industrial Business Owner may seek a waiver from the requirement to subscribe to Recyclables or Organic Waste Collection service, including for any of the reasons set forth in 14 CCR Section 18984.11 (de minimis waiver, physical space waiver, or collection frequency waiver). Commercial/Industrial Business Owners seeking a waiver shall submit their request for waiver as described this Section and in accordance with any rules or regulations adopted pursuant to Section 9.370, on a form specified by the City Manager. After reviewing the waiver request, and after an on-site review, if applicable, the City Manager may either approve or deny the waiver request.

The following shall be exempt from the requirement to subscribe to Recyclables and/or Organic Waste Collection:

A. Solid Waste generated on property operated by any Public Agency, which is Collected under a system of Solid Waste Collection and transportation maintained by the Public Agency;

B. Solid Waste to be used as raw material in manufacturing or collected for purposes of salvage; provided that all such materials are reused or recycled, and no such materials are delivered to a disposal site.

C. Solid Waste which cannot be handled by standard Solid Waste Collection equipment, or which involve significant health, operating or handling hazards.

D. Commercial Edible food recovery from commercial establishments resulting in the recovery and redistribution of Edible Food for consumption.

(Ord. No. 2021-13, § 1)

In all cases where the right to an exclusion pursuant to Sections 9.120 through 9.190 of this Chapter is exercised, Disposal shall be made at a Disposal or Processing facility which meets all applicable regulatory requirements. Any such Disposal by a Person exempted under this Section shall not relieve such Person from any obligation or liability imposed by this Chapter or any other City ordinance, resolution, rule or regulation for the payment of the minimum Solid Waste Collection rates imposed by the Authorized Collector pursuant to this Chapter, or of any other applicable rates or fees except as set forth in the next sentence. Notwithstanding the foregoing, the following shall be exempt from the payment of the Solid Waste Collection rates imposed for use of the services provided by the Authorized Collector: (a) any Person with a valid self-haul permit obtained pursuant to Section 9.170 who does not use the Solid Waste Collection Services offered by the Authorized Collector; and (b) any owner of Vacant Property who does not use Solid Waste Collection Services offered by the Authorized Collector, for the period of time the property is vacant.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.280)