Kings County Municipal Code Art. II Waste Management Regulations

The board, by resolution, may establish additional standards for the storage, collection, and transportation of solid waste, based on recommendations of the public works director and the director of the public health department. The board may from time to time revise these standards.

(Ord. No. 705, § 2, 10-4-22)

(a) Private property to be free of excess solid waste and litter. The owner, occupant or operator of any premises, business establishment, or other property, vacant or occupied, shall be responsible for the safe and sanitary storage of all solid waste and recyclables accumulated on the property. The property shall be free of excessive amounts of solid waste and litter, except that manure or wood, leaves and other green waste may be accumulated, providing that no nuisance is created. What are excessive amounts of solid waste and litter shall be as determined by the director of the public health department.

(b) Providing waste collection containers.

(1) No person shall maintain or use any residence, place of business, or other building or place where persons reside, congregate, or are employed, which does not have one or more containers for the sanitary removal of all solid waste.

(2) Except for the purpose of green waste composting or as set forth in subsection (e) below, no person shall place or dump any solid waste or any offensive, unsightly or decaying matter of any kind whatsoever anywhere in the county other than in an approved container designated for that type of waste, consistent with a three-container collection service (blue container, green container, and gray container) or an approved solid waste facility.

(3) No person shall place hot coals, hot ashes or other burning matter in any solid waste container set out for collection.

(c) Disposition of animal carcasses. Every owner, occupant and operator of any real property situated within the unincorporated area of the county shall, upon reasonable notice given by the director of the public health department, bury to a depth of at least three feet under the surface of the earth, or remove to a proper disposal site, all carcasses of dead animals which have died or are upon any part of such real property. Animal carcasses shall not be placed in solid waste containers.

(d) Accumulation of solid waste to be removed. Whenever any solid waste has been thrown or deposited upon any street, road, or private or public premises, or has accumulated thereon, the director of the public health department shall give written notice to the owner, tenant or person having charge or control of said street, road, or premises, to remove from the premises the substances so deposited or accumulated. It shall be unlawful for the owner, tenant or person having charge or control of said premises to neglect or fail to remove said solid waste from said premises within a reasonable time, as determined by the director of the public health department, after the receipt of said notice.

(e) Food waste and agricultural byproducts.

(1) Food waste for stock feeding. The owner or occupant of any agricultural property may allow food waste to be accumulated, stored, disposed of, or used for stock feeding on the premises, as long as such food waste is not permitted to become a nuisance due to the breeding or attraction of flies or rodents, or from odors, or to create a hazard to the public health, safety, or welfare, as determined by the director of the public health department. All such agricultural operations shall comply with the Agricultural Solid Waste Management Standards, 14 CCR, commencing with section 17801.

(2) Agricultural byproducts. Culled fruits and vegetables and agricultural byproducts which cannot be used for animal feed, returned to soil or recovered in another manner shall be disposed of in a green container consistent with the blue container, green container, and gray container collection service. Agriculture byproducts or wastes, not of plant or animal origin, such as nonhazardous packaging, plastic film, or shop wastes, shall be disposed of in a blue container in accordance with the blue container, green container, and gray container collection service.

(Ord. No. 705, § 2, 10-4-22)

With the exception of single-family generators that meet the self-hauler requirements in section 13-57, or that are located in the unincorporated parts of the county subject to low population waivers granted by CalRecycle, single-family organic solid waste generators shall comply with the following requirements:

(1) Subscribe to a three-container collection service for all solid waste generated as described below in subsection 13-11(b). The county shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity of each type of collection service for proper separation and containment of materials. Single-family generators shall adjust their level of collection services as requested by the county. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR section 18984.9(c).

(2) Participate in the county's solid waste collection service(s) by placing source separated organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container.

(3) Generators shall not place prohibited container contaminants in collection containers.

(Ord. No. 705, § 2, 10-4-22)

Generators that are commercial businesses shall:

(1) Subscribe to a three-container collection service for all solid waste generated as described below in subsection (2). The county shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity of each type of collection service for proper separation and containment of materials. Generators shall adjust their level of collection services as requested by the county.

(2) Participate in the solid waste collection service(s) by placing source separated green waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. This subsection shall not apply to commercial businesses that meet the self-hauler requirements in section 13-57 of this chapter.

(3) Generators shall not place prohibited container contaminants in collection containers.

(4) Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subsections 13-11(e)(1), (2) for employees, contractors, tenants, and customers, consistent with the blue container, green container, and gray container collection service.

(5) Excluding multi-family residential dwellings, provide containers for the collection of source separated organic waste and source separated recyclable materials, generated by that business, in all indoor and outdoor areas where disposal containers are provided for customers, except for restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container where disposal containers are provided for customers. Pursuant to 14 CCR section 18984.9(b), the containers provided by the business shall have either:

a. A body or lid that conforms with the container colors provided a three- container collection service.

b. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

(6) Notwithstanding the requirements of Section 13-12(5), a commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with container color or label requirements prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

(7) Excluding multi-family residential dwellings, to the extent practicable through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the blue container, green container, and gray container collection service.

(8) Excluding multi-family residential dwellings, periodically inspect blue containers, green containers, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR section 18984.9(b)(3).

(9) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated organic waste and source separated recyclable materials.

(10) To the extent applicable, provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.

(11) Provide or arrange access for the county or its agent to the commercial business's property(ies) during all compliance inspections conducted in accordance with section 13-53.

(12) If a commercial business wants to self-haul, meet the self-hauler requirements in section 13-57 of this chapter.

(13) Nothing this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR section 18984.9(c).

(Ord. No. 705, § 2, 10-4-22)

(a) No person shall provide residential, commercial, or industrial solid waste collection services within the unincorporated areas of the county without first obtaining a license from the public work's director, which will be memorialized in an agreement between the county and licensed hauler.

(b) Persons providing residential, commercial, or industrial solid waste collection services to generators within the unincorporated areas of the county shall meet the following requirements and standards as a condition of initial and continued approval to collect and haul solid waste:

(1) Through written notice to the county, identify the facilities that recover source separated organic waste to which they will transport organic waste. Organic waste licensed haulers shall notify the county in writing within 30 days of any changes in or additions to the identified facilities.

(2) Transport source separated organic waste to a facility, operation, activity, or property that recovers and reduces landfill disposal of organic waste as defined in 14 CCR, division 7, chapter 12, article 2.

(c) Persons authorized to collect solid waste pursuant to this section shall conduct annual route reviews of commercial and residential organic waste generators for prohibited container contaminants. Compliance with this subsection shall require a review of all routes on an annual basis but shall not require a review of each generator on the licensed hauler's route.

(Ord. No. 705, § 2, 10-4-22)

(a) County departments and direct service providers to the county of landscaping maintenance, renovation, and construction shall:

(1) As reasonably practicable, use compost and mulch for all landscaping renovations, construction, or maintenance performed for the county that meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR, division 7, chapter 3.1, article 1, section 17852.

(2) Keep and provide records of procurement of recovered organic waste products (either through purchase or acquisition) to county, upon completion of projects or procurement. Information to be provided shall include:

a. General description of how and where the product was used, and if applicable, applied;

b. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the recovered organic waste products were procured;

c. Type of product;

d. Quantity of each product; and

e. Invoice or other record demonstrating purchase or procurement.

(b) All vendors providing paper products, printing and writing paper shall:

(1) If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items.

(2) Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) section 260.12.

(3) Certify in writing, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the county. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both, can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

(4) Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the jurisdiction is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) section 260.12(2013).

(5) Provide records to the county's recovered organic waste product procurement recordkeeping designee, in accordance with the county's recycled-content paper procurement policy(ies) of all paper products and printing and writing paper purchases within 30 days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the county. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in subsections (3) and (4) above for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.

(c) The public works director, in collaboration with the county's purchasing department, shall develop and maintain reasonable policies and procedures consistent with this section.

(Ord. No. 705, § 2, 10-4-22)

(a) The county may waive a commercial business' obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this ordinance if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in) below. Commercial businesses requesting a de minimis waiver shall:

(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation noted below.

(2) Provide documentation that either:

a. The commercial business' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business' total waste; or,

b. The commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than 10 gallons per week per applicable container of the business' total waste.

(3) Notify county if circumstances change such that commercial business's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.

(4) Provide written verification of eligibility for de minimis waiver every five years, if county has approved de minimis waiver.

(b) The county may waive a commercial business' or property owner's obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the county has evidence from its own staff, a licensed hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements. A commercial business or property owner may request a physical space waiver through the following process:

(1) Submit an application to the public works department specifying the type(s) of collection services for which they are requesting a compliance waiver.

(2) Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its licensed hauler, licensed architect, or licensed engineer.

(3) Provide written verification to county that it is still eligible for physical space waiver every five years, if the county has approved application for a physical space waiver.

(Ord. No. 705, § 2, 10-4-22)