Fairfield Municipal Code Art. VI General Requirements

A. Subscription to Garbage collection service is mandatory except in the case of a self-hauler in compliance with Section 9.170. Subscription to Recyclables and Organic Waste collection service is mandatory except in the case of approved waivers as described in Section 9.190. Unless otherwise approved by the City Council, collection of Solid Waste shall take place no less than once each calendar week, on the same day of the week.

B. All Solid Waste collected from Residential or Commercial/Industrial Premises for a fee, service charge or other consideration, shall be collected by an Authorized Collector, subject to the exclusions set forth in Article V of this Chapter and the limited rights granted Authorized Collectors with Collection Agreements.

C. No Person, firm, corporation or Solid Waste Enterprise or other Person, other than an Authorized Collector, shall negotiate or contract for, undertake to receive, collect or transport Solid Waste from Within the City for a fee, service charge or other consideration therefore, except as expressly provided herein.

D. Except as otherwise provided in this Chapter, each Residential Householder and Commercial/Industrial Business Owner shall utilize the services of an Authorized Collector operating in accordance with a Collection Agreement for Solid Waste Collection Services from the Residential or Commercial/Industrial Premises held or occupied by such Householder or Owner and shall pay for such services the Fees set by the Authorized Collector and authorized by the council. No Residential Householder or Commercial/ Industrial Business Owner shall enter into an agreement for Solid Waste Collection Services with any Person other than the Authorized Collector, except as otherwise expressly provided in this Chapter.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.290)

All Organic Waste Generators as defined in the Act shall be required to source-separate, place Containers in appropriate locations, and subscribe to service or self-haul according to the requirements in the Act. All penalties and enforcement procedures described therein are hereby incorporated.

Each Commercial/Industrial Business Owner shall be responsible for ensuring and demonstrating its compliance with the requirements of this Chapter, including all Multi-Family Residences (five units or more). Owners of Residential Premises (one to four units) shall also be responsible for ensuring and demonstrating compliance with the requirements of this Chapter.

All Commercial/Industrial Business Owners must make arrangements for the diversion of Recyclables, either through a collection service with an Authorized Collector, or by self-hauling to a permitted Resource Recovery facility for diversion and reuse.

Alternatively, self-haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.

Each Commercial/Industrial Business Owner shall be responsible for ensuring and demonstrating its compliance with the following requirements:

A. Source separate Recyclables and Organic Waste from Garbage.

B. Provide a basic level of Recyclables and Organic Waste Collection that includes, at a minimum, the collection of Recyclables and/or Organic Waste and delivery to a Resource Recovery facility.

C. As applicable, complete and retain on site a self-haul form certifying that all self-hauling activities will be completed in accordance with the provisions of this chapter or any other applicable law or regulation. A copy of such form shall be made available to the City Manager upon request. The form shall include record of:

a. The amount of Organic Waste transported by the Commercial/industrial Business Owner or Multi-Family Residence, in cubic yards or tons, delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste.

b. Delivery receipts and weight tickets from the entity accepting the Organic Waste.

c. If the Organic Waste is transported to an entity that does not have scales on-site or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.

D. Provide Standard Commercial/Industrial Containers for Recyclables in Multi-Family residential rental units and in maintenance and work areas where Recyclables may be collected and/or stored.

E. Prominently post and maintain one or more signs where Recyclables and/or Organic Waste are collected and/or stored that set forth what materials are required to be source separated in addition to collection procedures for such materials.

F. Notify and instruct employees and tenants of applicable source separation requirements, including a list of Recyclables and/or Organic waste that are required to be source separated for recycling. A copy of such instructions shall be provided to the City Manager upon request.

G. Each covered generator shall ensure that Recyclables and/or Organic Waste generated at their site will be taken only to a recycling facility and not to a landfill for disposal by complying with all requirements under this chapter.

H. The self-haul form or other documents pertaining to this chapter, shall be available for inspection by the City Manager, at the principal location of the covered generator during normal business hours.

I. No waste hauler shall be held liable for the failure of its customers to comply with such regulations.

J. No covered generator shall be liable for the failure of their waste hauler to deliver Recyclables or Organic Waste to a Recycling or Processing facility.

K. It shall be the responsibility of the business or Multi-Family property owner whose garbage was not removed because it contained Recyclables to properly separate Recyclables from the uncollected Garbage for proper Recycling. Allowing such unseparated Garbage to accumulate will be considered a violation of this chapter.

(Ord. No. 2021-13, § 1)

Any Person who deposits or causes to be deposited any Solid Waste on any public property, including the public right-of-way, or on private property within public view, except in a Container provided therefor as herein specified, shall immediately clean up, contain, collect and remove same.

To facilitate proper disposal of litter by pedestrians and motorists, publicly patronized establishments and institutions shall provide, empty and maintain adequate Containers for public deposit of Solid Waste generated by the public as a result of the patronization of such establishments.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.300)

It shall be unlawful for any Person to transport any loose Solid Waste by motor vehicle unless the cargo is covered and/or secured in such a manner as to prevent depositing of Solid Waste on public or private property.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.310)

No Person other than the Authorized Collector shall tamper with or remove any Solid Waste from a Container, other than the owner or occupant of the property served by such Container, or an authorized employee of the City.

Subject to any exclusions set forth in Article V of this Chapter, no Person shall deposit Solid Waste from a Residential or Commercial/Industrial Premises in any place other than in an approved Container located on the Premises which generated the Solid Waste.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.330)

No Collection or delivery/removal of Containers shall be made between the hours of 6 p.m. and 6 a.m. Monday through Saturday or at any time on Sunday.

The City Manager may waive the requirements of this Section when necessitated by conditions beyond the control of the Authorized Collector. The City Manager may require an Authorized Collector to change hours of operation if disruption occurs.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.340)

At such time as Solid Waste is placed for Collection at the usual place of Collection, the Solid Waste becomes the property of the designated Authorized Collector for that location.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.360)

It shall be unlawful at any time for any Person, including Authorized Collectors, to burn, place, deposit, release, spill, leak, pour, emit, empty, discharge, inject, bury, dump or otherwise release into the environment (including by abandonment or discarding of barrels, containers, and other closed receptacles) or cause to be placed, deposited, released, spilled, leaked, poured, emitted, emptied, discharged, injected, buried, dumped, or disposed, any Solid Waste Within the City, except in an authorized or permitted container, at an authorized or permitted Solid Waste collection facility, or as authorized by the City Manager.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.370)

No Person authorized to collect or transport Solid Waste shall enter on private property beyond the extent necessary to collect the Solid Waste properly placed for Collection, or beyond the extent necessary to provide any agreed upon special Solid Waste Collection Service.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.380)

All owners, contractors, builders and demolition contractors shall, at all times, maintain the Construction or Demolition Site and any nearby premises utilized in the construction or demolition in a clean, safe and aesthetic manner and free of any Solid Waste. All owners, contractors, builders, and demolition contractors shall be responsible for maintaining clean public streets surrounding the Construction or Demolition Site as required in Chapter 5 Building and Housing Codes.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.440)

The accumulation or storage of Solid Waste, on any real property or in any structure Within the City, by any Person beyond the period of one week or in any manner other than as specified in this Chapter is hereby declared to be a nuisance pursuant to Section 38771 of the California Government Code. The City Council, pursuant to Section 38773 of the Government Code, shall by separate ordinance provide for the summary abatement of such nuisances.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.450)

No cardboard box or paper or plastic bag may be used as a receptacle outdoors for Solid Waste. Any receptacle used to store Solid Waste outdoors must contain a lid that prevents moisture, flies, rodents or vermin from entering the receptacle.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.460)

A. Except as expressly authorized by this Chapter, no Person other than an Authorized Collector operating in accordance with a Collection Agreement may place a Container or other receptacle for the Collection of Solid Waste Within the City. Any Container or other receptacle placed in violation of this Section is hereby declared to be a nuisance and is subject to abatement pursuant to applicable provisions of the City Code.

B. No Person shall place a Container in the public right-of-way without the prior written consent of the City Manager. Any such Container may be impounded by the City if not removed within 24 hours of written notice to the apparent owner of the Container, or immediately if the Container is not marked with information identifying its owner.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.465)

No Person shall, in any manner, interfere with the Collection of Solid Waste by any Authorized Collector. No Person, other than the property owner or occupant, a Public Agency employee in the course of his or her official duties or an Authorized Collector, shall remove Solid Waste from any Container.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.470)

Tier One Commercial edible food generators shall comply with the requirements of this Section and Title 14, Division 7, Chapter 12 of the California Code of Regulations commencing January 1, 2022. Tier Two Commercial edible food generators shall comply with the requirements of this Section and Title 14, Division 7, Chapter 12 of the California Code of Regulations commencing January 1, 2024.

A large venue or large event operator that does not provide food services, but allows for food to be provided, shall require food facilities operating at the large venue or large event to comply with the requirements of Title 14, Division 7, Chapter 12 of the California Code of Regulations, commencing January 1, 2024.

Commercial Edible Food Generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.

2. Contract with or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.

3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

4. Commercial Edible Food Generators and Food Recovery Organizations shall maintain a record acceptable to the City Manager and in compliance with applicable law.

5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4.

(Ord. No. 2021-13, § 1)

A. Any violation of this Chapter is subject to the general penalty in Section 1.7 of this Code. Any violation of this Chapter may also be enforced by the issuance of an administrative citation pursuant to Article II of Chapter 1 of this Code.

B. The City Manager may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with this Section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

a. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

b. Delays in obtaining discretionary permits or other government agency approvals; or,

c. Deficiencies in Organic Waste recycling infrastructure or edible food recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to the Act due to these deficiencies.

C. City representatives and/or its designated agent are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Recyclables or Organic Material or Construction and Demolition Debris to confirm compliance with this Chapter by generators and haulers, subject to applicable laws. This section does not allow the City representatives to enter the interior of a private residential property for inspection. Regulated entities shall provide or arrange for access during all inspections and shall cooperate with the City representative or its designated entity during such inspections and investigations.

(Ord. No. 2021-13, § 1)

The City Manager may adopt necessary forms, rules, regulations and guidelines which may be necessary or desirable to aid in the administration or enforcement of the provisions of Articles I-VIII. The City may provide information on its website regarding what materials are accepted as Garbage, Recyclables, and Organic Waste, and under this Chapter.

(Ord. No. 2021-13, § 1)