Healdsburg Municipal Code Art. II Collection

Every person occupying or having charge or control of any premises where there is any accumulation of solid waste shall cause the same to be so removed or disposed of at least once each calendar week. No person shall cause or permit combustible solid waste to accumulate at any place or on any premises under his charge or control for a period in excess of one calendar week.

(Ord. 1211 § 1 (Exh. A), 2021)

It shall be unlawful and a public nuisance for any person to keep, accumulate or permit to be accumulated any solid waste upon any lot or parcel of land, or on any public or private lane, place, street, alley, or drive, unless kept in a receptacle designed for enclosing and storing the same in a sanitary manner. All receptacles containing refuse shall be kept closed except when necessarily opened to permit refuse to be taken therefrom or deposited therein.

(Ord. 1211 § 1 (Exh. A), 2021)

It shall be unlawful and a public nuisance for any person, other than the owner or lawful possessor or an authorized agent of the owner or lawful possessor, to tamper or meddle with any receptacle, or to remove the contents thereof from the location where the same shall have been placed by such owner, lawful possessor, or authorized agent of either of them.

(Ord. 1211 § 1 (Exh. A), 2021)

It shall be unlawful and a public nuisance for any person to place, store or accumulate any hazardous material(s) in a receptacle. A violation of this section shall be a misdemeanor and a public nuisance and may be punished or enforced in accordance with Chapter 1.12 HMC. The term "hazardous material," as used in this section, shall mean any material or waste as defined in Chapter 6.5 of Division 20 of the California Health and Safety Code. To the extent that disposal, placement, storage or accumulation of hazardous waste is otherwise subject to regulation and enforcement by federal or state law, this section shall be inapplicable.

(Ord. 1211 § 1 (Exh. A), 2021)

The public necessity, health, safety and general welfare of the City require that the exclusive right to collect and remove, or cause to be collected and removed, solid waste including construction and demolition debris within the City shall vest in the City, and it shall be unlawful for any person, except as otherwise provided in this article, to collect or remove solid waste including construction and demolition debris within the City.

(Ord. 1211 § 1 (Exh. A), 2021)

For the collection and disposal of solid waste including construction and demolition debris, a contract may be entered into by the City on terms and conditions as determined by the City to be in the public interest, subject to the terms and conditions of this chapter. As a condition of approval of the contract, any authorized collector providing residential, commercial, or industrial organic materials collection services to generators within the City's boundaries shall agree to:

A. Provide written notice to the City annually on or before April 1st identifying the facilities to which they will transport solid waste including facilities for source separated recyclable materials and source separated organic materials.

B. Transport source separated recyclable materials and source separated organic materials to a facility, operation, activity, or property that recovers organic materials as defined in 14 CCR, Division 7, Chapter 12, Article 2.

C. Obtain approval from the City to haul organic materials, unless it is transporting source separated organic materials to a community composting site or lawfully transporting construction and demolition debris in a manner that complies with 14 CCR Section 18989.1.

D. Comply with other requirements and/or designations contained within its franchise agreement.

(Ord. 1211 § 1 (Exh. A), 2021)

At such time as there is in force a contract entered into by the City with any person for the collection of solid waste in the City, it shall be unlawful for any person, other than the authorized collector or the persons in the employ of the authorized collector, to collect, remove, or transport any solid waste within the boundaries of the City, except as otherwise provided in this chapter. However, the provisions of this section shall not apply to any person conveying solid waste collected outside the City nor to prohibit a person from exercising rights to self-haul solid waste to solid waste or other appropriate disposal facilities, and nor the right to divert recyclable material or organic materials so long as the diversion otherwise complies with this chapter.

(Ord. 1211 § 1 (Exh. A), 2021)

Any generator of solid waste may personally haul the same in a vehicle owned by, or in the lawful possession of, the generator of such solid waste, to a lawful disposal facility outside of the City limits, subject to the following requirements:

A. Self-haulers, including back-haulers, must source separate and transport organic materials to a solid waste facility, operation, activity, or property that processes or recovers source separated organic materials.

B. Self-haulers, including back-haulers, must source separate and transport recyclable materials to a solid waste facility, operation, activity, or property that processes or recovers those materials.

C. Self-haulers that are commercial businesses shall keep a record of the amount of organic materials delivered to each solid waste facility, operation, activity, or property that processes or recovers organic materials; this record shall be subject to inspection by the City. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the waste. If the material 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 materials.

2. The amount of material in cubic yards or tons transported by the generator to each entity.

D. Self-haulers must complete and retain on site a self-hauling form certifying that all self-hauling activities will be completed in accordance with this chapter or any other applicable law or regulation. A copy of such form shall be completed and remitted annually to the City Manager.

This section is permissive and does not relieve any owner or occupants of property of the requirements of compliance with regular and routine disposal of all solid waste generated on the premises at least once per week as set forth in HMC § 8.08.060. Nothing in this chapter shall prohibit any generator from regularly disposing of garbage, recyclable material, or organic materials at a solid waste facility, by self-hauling in a manner conforming to this section.

(Ord. 1211 § 1 (Exh. A), 2021)

A. Nothing in this chapter limits the right of any person to donate, sell, or otherwise remove their recyclable materials so long as the removal otherwise complies with this chapter.

B. Organic materials may be fed to animals on the premises where such organic materials is produced; provided, that the premises are always kept in a sanitary condition to the satisfaction of the City Manager; and provided further, that the keeping and feeding of such animals shall at all times conform to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated.

C. Organic materials may be used in on-site composting or community composting, pursuant to 14 CCR Section 18984.9(c); provided, that such operation conforms to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated.

(Ord. 1211 § 1 (Exh. A), 2021)

A. Except for premises where the owners or occupants regularly self-haul all waste generated on the premises in accordance with HMC § 8.08.130, all occupied premises shall subscribe for solid waste collection service with the authorized collector as set forth herein.

B. Each person occupying any premises shall arrange for a size, quantity and collection frequency of collection containers to adequately store all solid waste generated in connection with the premises between the times designated for collection service. Generators shall adjust service levels for their collection services as requested by the City in order to meet the requirements to dispose of all solid waste generated on the premises at least weekly.

C. Each occupant of each premises shall place source separated organic materials, including food scraps, in the organic materials collection container; place source separated recyclable materials, as established by the City and authorized collector, in the recyclable material collection container; and place garbage in the approved garbage collection container.

D. No person shall place prohibited container contaminants into any collection container serviced by the authorized collector.

E. The authorized collector shall give written notice to the City Manager of the address of any occupied premises within the City which is not subscribing to the solid waste collection service provided by the authorized collector.

F. Nothing in this section prohibits generators from preventing or source reducing waste generation, or otherwise diverting recyclable material and organic material as described in HMC § 8.08.140.

(Ord. 1211 § 1 (Exh. A), 2021)

A. Each owner, operator, or manager of a commercial business shall ensure the proper separation of solid waste generated on such premises, as required by the authorized collector, by placing each type of material in designated collection containers, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on site follow source separation requirements related to solid waste as required by the authorized collector. Each owner, operator, or manager of a commercial business, except for multifamily dwellings, shall prohibit employees from placing materials in a container not designated for those materials, and shall periodically inspect containers for organic waste and inform employees of requirements to ensure such containers are only used for organic waste.

B. Each owner, operator, or manager of a commercial business shall supply an adequate number, size, and location of collection containers with sufficient labels or colors designating the appropriate material for deposit in accordance with source separation requirements of the authorized collector for the employees, contractors, tenants, and customers of the commercial premises.

C. Each owner, operator, or manager of a commercial business shall annually provide information to employees, contractors, tenants, and customers about organic materials recovery requirements and about proper sorting of solid waste.

D. Each owner, operator, or manager of a commercial business shall provide educational information within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated organic materials and source separated recyclable materials separate from garbage and the location of collection containers and the rules governing their use at each property.

E. Each owner, operator, or manager of a commercial business shall cooperate with the authorized collector's monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate compliance.

Each owner, operator, or manager of a commercial business, except for multifamily dwellings, shall provide containers meeting the requirements of 14 CCR Section 18984.9 for the collection of source separated organic materials and source separated recyclable materials in all indoor and outdoor areas where garbage disposal containers are provided for customers, for materials generated on site. Such containers do not need to be provided in restrooms. If a commercial generator does not generate any of the materials that would be collected in one type of collection container, then it is not required to provide that type of container in all areas where disposal collection containers are provided for customers.

F. If a commercial generator self-hauls, the commercial generator shall meet the self-haul requirements in HMC § 8.08.130.

(Ord. 1211 § 1 (Exh. A), 2021)

A. The City Manager or a person authorized by the Sonoma County Waste Management Agency may grant waivers to commercial businesses for physical space limitations and/or de minimis volumes. Commercial businesses seeking a waiver shall submit their request in 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 following waiver requests. Anyone granted a waiver shall provide written verification of eligibility for a waiver at least every five years, and shall notify the City if circumstances change such that they are no longer eligible for such waiver, in which case waiver will be rescinded.

B. De Minimis Waivers. The City Manager or a person authorized by the Sonoma County Waste Management Agency may waive obligations of a commercial business to comply with the collection service and source separation requirements of HMC § 8.08.160 if the commercial business meets the following requirements:

1. Submits an application specifying the type of waiver requested and provide documentation as described below.

2. Provide documentation that either:

a. The commercial business receives two or more cubic yards of weekly solid waste collection service and disposed organic materials subject to collection comprises less than 20 gallons per week of the business's total weekly solid waste collection service volume; or

b. The commercial business receives less than two cubic yards of weekly solid waste collection service and disposed organic materials subject to collection comprises less than 10 gallons per week of the business's total weekly solid waste collection service volume.

3. For the purposes of subsections (B)(2)(a) and (b) of this section, total weekly solid waste collection service shall be the sum of weekly garbage collection container volume, recyclable material collection container volume and organic materials collection container volume, measured in cubic yards.

C. Physical Space Waivers. The City Manager or a person authorized by the Sonoma County Waste Management Agency may waive a property owner's obligations to comply with the collection service and source separation requirements of HMC § 8.08.160 if the City has evidence from its own staff, authorized collector, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with collection service requirements. A property owner may request a physical space waiver through the following process:

1. Submit an application form specifying the type(s) of collection services for which they are requesting a waiver from mandatory collection service.

2. Provide documentation that the premises lacks adequate space for the recyclable materials collection containers and/or organic materials collection containers including documentation from its authorized collector, licensed architect, or licensed engineer.

(Ord. 1211 § 1 (Exh. A), 2021)

A. Tier one commercial edible food generators must comply with the requirements of this section January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024.

B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.

C. 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: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the commercial edible food generators 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. Allow the City's enforcement officer and such persons designated by the Sonoma County Waste Management Agency to conduct inspections to access the premises and review records pursuant to 14 CCR Section 18991.4.

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

a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

c. A record of the following information for each of those food recovery services or food recovery organizations:

i. The name, address and contact information of the food recovery service or food recovery organization.

ii. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

iii. The established frequency that food will be collected or self-hauled.

iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the state of California on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(Ord. 1211 § 1 (Exh. A), 2021)

A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, as specified by 14 CCR Section 18991.5(a)(1):

1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.

2. The quantity in pounds of edible food collected from each commercial edible food generator per month.

3. The quantity in pounds of edible food transported to each food recovery organization per month.

4. The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.

B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

1. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.

2. The quantity in pounds of edible food received from each commercial edible food generator per month.

3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.

C. Food recovery organizations and food recovery services that have their primary address physically located in the City and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall annually report to the City it is located in the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than April 1st.

D. In order to support edible food recovery capacity planning assessments or other studies, food recovery services and food recovery organizations operating in the City shall provide information and consultation to the City and the Sonoma County Waste Management Agency, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City and its commercial edible food generators. A food recovery service or food recovery organization contacted by the City or Sonoma County Waste Management Agency shall respond to such request for information within 60 days unless a shorter time frame is otherwise specified by the City.

(Ord. 1211 § 1 (Exh. A), 2021)

All receptacles shall be kept in a place easily accessible to the collector but where they will not be a public nuisance or in any degree offensive, nor shall any receptacle be regularly stored upon any public street, alley, sidewalk, footpath or any public place whatever.

The authorized collector is responsible for removal of only that solid waste which is placed in a receptacle.

(Ord. 1211 § 1 (Exh. A), 2021)

The City Manager shall make such rules and regulations as are not inconsistent with the provisions of this article, and as may be necessary, reasonable and proper to effect the proper, expedient, economical and efficient collection and removal of solid waste under the provisions of this chapter.

(Ord. 1211 § 1 (Exh. A), 2021)

No person shall throw, deposit or conduct any dead animal or part thereof, garbage, offal, fish, vegetables or any filthy liquid or substance upon any lot, ground or place within the City.

(Ord. 1211 § 1 (Exh. A), 2021)

Open settling beds, filtering beds, holes, sumps, tanks, ponds, excavations, earth- or wooden-diked pools or similar open places used for the disposal of or containing vegetable waste, fruit waste or liquid waste, including industrial waste containing peelings or particles of fruit, peelings or particles of vegetables and water or liquids coming from the washing, cooking or preparation of fruit or vegetable or waste materials of a similar nature, within the City are hereby declared to be a public nuisance.

(Ord. 1211 § 1 (Exh. A), 2021)

No person shall construct, build, operate or maintain any open settling bed, filtering bed, hole, sump, tank, pond, excavation, earth- or wooden-diked pool or similar open place used for or intended to be used for the depositing, disposal, settling, dissolving or elimination of vegetable waste, fruit waste, vegetable peelings or washings, fruit peelings or washings and liquids emanating from the washing of vegetables or fruits, or any other fruit or vegetable matters, refuse or waste materials and liquids resulting from the preparation, processing, canning, drying, dehydrating or otherwise treating any fruits or vegetables, within the City.

(Ord. 1211 § 1 (Exh. A), 2021)

Every person who maintains, permits or allows such public nuisance as described in HMC § 8.08.230 and § 8.08.240 to exist upon his property or premises, and every person occupying or leasing the property or premises of another who maintains, permits or allows such public nuisance to exist thereon, after reasonable notice in writing from a City enforcement officer or county health officer or the district attorney or the City attorney to remove, discontinue or abate the same has been served upon such person is guilty of a violation of this chapter.

It is hereby made the duty of the City attorney to prosecute all persons guilty of violating this article by continuous prosecutions until the nuisance is abated and removed.

(Ord. 1211 § 1 (Exh. A), 2021)

Every person shall keep the sidewalk in front of his or her house, place of business or premises in a clean and wholesome condition, and no person shall dust, sweep or beat any carpet, rug or other light material on the street or sidewalk.

(Ord. 1211 § 1 (Exh. A), 2021)

No person shall maintain any building, lot, premises, vehicle or other place in such an unsanitary condition as to permit the breeding or harboring therein of flies, rats, bedbugs, cockroaches, lice, fleas or any vermin.

(Ord. 1211 § 1 (Exh. A), 2021)