La Quinta Municipal Code Ch. 6.04 Solid Waste Collection and Disposal

Footnotes:

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Prior ordinance history— Ord. 314.

The words and phrases contained in this chapter shall have the meaning commonly associated with them unless special meaning is ascribed to them by the California Public Resources Code or the California Code of Regulations (as either may be amended from time to time) in which case such meaning shall apply; except that the following words shall, for the purpose of this chapter, be defined as follows:

"AB 939" means that state legislation commonly known as the California Integrated Waste Management Act (Stats. 1989, Chapter 1095, as amended) as codified in Public Resources Code Section 49000 et seq.

"Bins" means a metal container, commonly referred to as dumpsters, including compactors and any similar such devices, with a capacity of under ten (10) cubic yards.

"Cart" means a plastic container provided by a franchisee for collection, with a hinged lid and wheels serviced by an automated or semi-automated process, as opposed to a manual process of lifting and dumping.

"City" means the city of La Quinta.

"City manager" means the city manager of the city or authorized representative or designee.

"Collect" or "collection" or "collecting" means to take physical possession of, transport and remove, solid waste from a premises.

"Commercial premises" means premises upon which business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding residential premises upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the property. Notwithstanding any provision to the contrary herein, for purposes of this chapter, premises upon which hotels and motels are operated, and premises upon which four (4) or more dwelling units exist, shall be deemed to be commercial premises.

"Container" means any and all types of solid waste receptacles, including carts, bins, rolloff boxes and receptacles, provided to customers or utilized by self haulers.

"Food preparation establishments" mean any restaurant, and any other business, that sells, serves, distributes or manufactures food products such that it generates food-based solid waste in excess of two (2) cubic yards per week.

"Franchisee" means a person, persons, firm or corporation that has been issued a franchise by city to provide solid waste handling services within the city.

"Hazardous waste" means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the state of California in Health and Safety Code Sections 25110.02, 25115 and 25117, or in the future amendments to or re-codifications of such statutes, or identified and listed as hazardous waste by the U.S. Environmental Protection Agency (EPA) pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.

"Multifamily dwelling" means either: (1) any building or lot containing four (4) or more dwelling units; or (2) any building or lot containing two (2) or more dwelling units which franchisee determines (and city agrees) must receive solid waste handling services through the use of shared bins, since they are not reasonably able to receive individualized solid waste handling services through the use of carts or customer-provided containers. Any ambiguity as to whether a customer's premises qualifies as a single-family dwelling or multifamily dwelling shall be resolved by the city manager whose decision shall be final.

"Premises" shall mean any land, building and/or structure within the city limits where solid waste is generated or accumulated.

"Person" means any individual, firm, corporation, association, group or other entity.

"Recycle" or "recycling" means the process of collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become solid waste and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards used in the marketplace.

"Recyclable material" means that solid waste capable of being recycled, including, but not limited to, glass, newsprint, newspaper, aluminum, cardboard, certain plastics or metal.

"Residential premises" mean all premises upon which dwelling units exist. Notwithstanding any provision to the contrary herein, for purposes of this chapter, premises upon which hotels and motels are operated, and premises upon which four (4) or more dwelling units exist, shall be deemed to be commercial premises.

"Rolloff box" means containers of ten (10) cubic yards or larger, including compactors.

"Self hauler" means any person or entity that, pursuant to Section 6.04.090 of this chapter, provides for the collection, transportation and disposal of solid waste generated by his, her or its own premises.

"Solid waste" means and includes all discarded putrescible and nonputrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, rubbish, construction waste, industrial waste, commercial solid waste, and any other discarded solid, semisolid and liquid waste permitted to be disposed of at a Class III landfill and which are included within the definition of "nonhazardous solid waste" set forth in the California Code of Regulations, as it may be amended from time to time. Solid waste does not include hazardous waste (Class I), low-level radioactive waste, untreated medical waste, or special wastes as defined herein.

"Special wastes" means wastes other than solid waste, including sewage, sludge, industrial sludge, asbestos, auto bodies, tires, used motor oil, hazardous waste, animal body parts, explosive substances, radioactive materials, acids, solvents and other materials which may not be disposed of at a Class III landfill or which require special handling.

"Yard waste" means all leaves, grass cuttings and shrubs that accompany routine household or property maintenance functions.

(Ord. 450 § 1, 2008)

The city council may by resolution or ordinance grant one (1) or more franchises for solid waste handling services related to solid waste generated within the city.

(Ord. 450 § 1, 2008)

A. Arrangements for Removal of Solid Waste Mandatory. Except as otherwise provided in this chapter, the owner, property manager, tenant and/or person in charge or control of each residential premises and each commercial premises in the city shall either: (1) subscribe to solid waste handling services with a franchisee for said premises; or (2) obtain and maintain registration as a self-hauler as set forth in this chapter in connection with said premises.

B. Exception—Vacant Premises. The above requirement to provide for solid waste handling services shall not apply in connection with any residential premises at which all dwelling units are vacant, or commercial premises that are vacant, for a period of one hundred twenty (120) days or more, provided this exception shall only apply during the period of vacancy. Any person seeking to avail him or herself of the exception provided herein shall bear the burden of providing reasonable evidence to city, pursuant to such regulations or guidelines as the city manager is hereby authorized to develop, demonstrating the premises was vacant for the period in question.

(Ord. 450 § 1, 2008)

A. It is unlawful, and a public nuisance, for any person to occupy or inhabit any property within the city for which arrangements have not been made and kept in full force and effect for solid waste handling services in a manner consistent with the provisions hereof.

B. The keeping of solid waste in containers other than those prescribed by this chapter, or the keeping upon premises of solid waste which is offensive, obnoxious or unsanitary, is unlawful, constitutes a public nuisance, and may be abated in the manner now or hereafter provided by law for the abatement of nuisances.

(Ord. 450 § 1, 2008)

A. Every owner, occupant or person in possession, charge or control of any premises within the city shall deposit or cause to be deposited all solid waste generated or accumulated on such premises, and intended for collection and disposal, in sealed, watertight bins, carts, rolloff boxes or other containers that are either: (1) provided by, or acceptable to, a franchisee; or (2) approved by the city manager for self-hauling purposes pursuant to this chapter. No owner, occupant or person in possession, charge or control of any premises shall utilize a bin, cart, rolloff box or other container not in conformance with the requirements hereof for the collection, accumulation or storage of solid waste.

B. No bin, cart, rolloff box or other container shall be placed adjacent to or in a street or public right-of-way for collection service more than twenty-four (24) hours prior to the normal collection time, and all containers so placed shall be removed from the street or right-of-way within twelve (12) hours after collection.

C. Container lids shall remain closed at all times that the container is unattended. If the solid waste contained within a bin, cart, rolloff box or other container exceeds the actual capacity of the container, then a larger container or multiple containers must be utilized. Any solid waste that does not reasonably fit within a container (such as furniture or other large bulky items) must be covered and protected, as by a tarp, netting or other secured material, in order to prevent the scattering of debris by natural forces such as wind or animals. The owner, tenant, occupant and/or person or entity in control of a premises shall be responsible for the clean-up of any solid waste spilled, dumped or scattered as a result of a container overflow.

D. It is unlawful for any person to share, place solid waste in, or to otherwise use the bin, cart, rolloff box or other container of another person or business. Notwithstanding anything contained herein to the contrary, the sharing of containers shall be permitted under the following conditions:

1. The owner, property manager or person in charge or control of a premises upon which a multifamily dwelling exists may arrange for bins, carts, rolloff boxes or other containers for shared use by the occupants, tenants or persons in possession of the dwelling units on such premises.

2. The occupants of a single commercial building or contiguous and adjacent commercial building may share a bin, cart, rolloff box or other container for solid waste handling services at a common location, subject to approval of the city manager, which may be delegated to a franchisee. Approval by the city manager shall be based upon the: (a) type of solid waste generated by each commercial premises; and (b) number of containers and frequency of solid waste collection needed to protect the public health, welfare and safety.

E. Bins and rolloff boxes shall not be located at single-family dwellings or dwelling units within the RVL, RL and RC zones except for the following purposes:

1. Home improvement and/or temporary cleanup of a vacant lot or dwelling, provided that all applicable permits and licenses have been obtained. In cases where building permits are not required for home improvement and/or temporary cleanup, bins or rolloff boxes may be placed at the dwelling for a period of one (1) week. Bins or rolloff boxes shall not be in the public right-of-way; or

2. Holding special events including, but not limited to, sponsored and permitted cleanup campaigns. Placement of such containers for the event shall be limited to forty-eight (48) hours prior to the event and forty-eight (48) hours following the event.

F. It is unlawful to use any bin, cart, rolloff box or other container furnished by a franchisee for any purpose other than the collection, accumulation and storage of solid waste; or to convert or alter such containers for other uses; or to intentionally damage such containers.

G. All carts as well as containers provided by residents for collection by a franchisee shall be stored out of public view in a side or rear yard or an enclosed garage except on collection day. If the physical design of the dwelling does not allow for obscuring containers from public view because of the type of fencing or lack thereof, containers shall be stored in an area adjacent to the dwelling at the point furthest from the closest street or roadway or in an enclosure adjacent to the dwelling designed to conform with the exterior design of the dwelling.

H. A trash bin enclosure shall be provided to obscure any bin used for solid waste collection from public view. Such enclosure shall meet the construction, location and access requirements established by the city's planning department. Upon receipt of notification from city to provide an enclosure, the owner of any property so notified shall have six (6) months to complete construction of the enclosure. A six (6)-month extension to complete construction of an enclosure may be granted by the planning director and/or the city council based on individual need, but in no event shall completion of construction of a bin enclosure exceed one (1) year from the date of receipt of notification to provide an enclosure.

I. No commercial premises nor any premises upon which a multifamily dwelling is located shall be granted a certificate of occupancy unless and until a bin enclosure meeting the specifications of the planning department has been constructed.

(Ord. 577 § 1, 2019; Ord. 450 § 1, 2008)

A. Residential Premises. With the exception of vacant premises meeting the provisions of Section 6.04.030(B), not less than once per week, every owner, occupant or person in possession, charge or control of any residential premises within the city shall remove by self-hauling (as provided herein) or cause to be removed by subscription to services provided by a franchisee all solid waste stored, generated, collected or accumulated on such premises.

B. Commercial Premises.

1. General. With the exception of vacant premises meeting the provisions of Section 6.04.030(B), not less than once per week, every owner, occupant or person in possession, charge or control of any commercial premises within the city shall remove by self-hauling (as provided herein), or cause to be removed by subscription to services provided by a franchisee, all solid waste stored, generated, collected or accumulated on such premises.

2. Food Preparation Establishments. Commercial premises upon which food preparation establishments exist shall remove by self-hauling (as provided herein), or cause to be removed by subscription to services provided by a franchisee, all solid waste generated, stored, collected or accumulated thereon not less than twice per week. A food preparation establishment may obtain an exemption from the minimum bi-weekly collection requirement if the city manager determines that based on unique factors at such business, a lesser frequency of solid waste collection will not result in an unreasonable detriment to the public health, safety and sanitary needs.

C. Modifications to Collection Frequency. The city manager may provide written notice to the owner of any premises that the above minimum removal requirements are not sufficient to avoid the creation of a public nuisance due to unique circumstances at such premises. The city may direct that solid waste shall be removed by the owner of any premises so notified on a more frequent schedule (as determined by the city) and/or that additional or larger containers shall be utilized (as determined by the city).

(Ord. 450 § 1, 2008)

A. It is unlawful for any person other than a franchisee (or its agents and employees) to collect any discarded solid waste including recyclable material, or otherwise provide solid waste handling services within the city. This prohibition shall not, however, apply to:

1. Registered self-haulers as defined in this chapter;

2. The owner, tenant or occupant of residential or commercial premises who has subscribed for and is receiving solid waste handling services with a franchisee, when such owner, tenant or occupant is hauling materials generated at his or her own premises to a lawful disposal or recycling facility. This exemption does not permit the hiring of any person or entity, other than a franchisee, to haul solid waste from one's own premises;

3. The collection, transportation and disposal of construction and demolition debris by a contractor, handyman, repairman or other similar service provider as an incidental part of the services provided to its customers rather than as a hauling service, provided that such solid waste is not collected or transported by a third party hired for the primary purpose of collecting and transporting said materials, and further provided that such services comply with any ordinances, policies and regulations of the city relating to the collection of such materials (i.e., the city's C&D Ordinance);

4. The collection, transportation and disposal of yard waste, green waste and related solid waste by a gardener or landscaper as an incidental part of the gardening or landscaping services provided to its customers, rather than as a hauling service, provided that such solid waste is not collected or transported by a third party hired for the primary purpose of collecting and transporting said materials;

5. Any person or entity collecting recyclable material sold or donated to it by the person or entity that generated such recyclable material (the "generator"); provided, however, to the extent permitted by law, if the generator is required to pay monetary or non-monetary consideration for the collection, transportation, transfer or processing of recyclable material, the fact that the generator receives a reduction or discount in price therefor (or in other terms of the consideration the generator is required to pay) shall not be considered a sale or donation.

B. It is unlawful for any person, other than the owner, occupant or person in possession, charge or control of any residential or commercial premises, or a person authorized by law (such as a franchisee), to remove any bin, cart, rolloff box or other container from any such premises or from any location where it was lawfully placed for collection, without the prior written approval of the owner, occupant or person in possession, charge or control of such premises.

C. No person shall place solid waste adjacent to a street or public right-of-way for collection by a franchisee without having first subscribed for solid waste handling services with such franchisee.

D. It is unlawful for any person to place or deposit institutional, commercial or industrial solid waste in any container placed upon the public street by public authority, and meant primarily for the disposal of solid waste by pedestrians using the sidewalk.

E. No person shall burn any solid waste within the city, except in an approved incinerator or other device for which a permit has been issued by the building official and fire marshal, and which complies with all applicable local, state and/or federal permit requirements, laws, rules and regulations.

F. It is unlawful for any person, other than a franchisee, to take, remove or appropriate for his or her own use any solid waste, including recyclable materials, which has been placed in any street or alley for collection or removal by a franchisee, regardless of whether the solid waste is placed in a bin, cart, rolloff box or other container.

(Ord. 450 § 1, 2008)

Any person who generates solid waste in connection with the construction of a new building, a building addition, remodel, or the demolition of any structure for which a building permit is required, shall either make arrangements for solid waste handling service with the use of containers from a franchisee, be registered to self haul such solid waste in the manner set forth herein, or make arrangements pursuant to Section 6.04.070(A)(3). In addition to constituting a violation of this chapter, failure to produce evidence of compliance with this section upon the request of a city building inspector, code enforcement officer or other city officer shall result in the red-tagging of the project by the city and a requirement that all work cease until compliance with this section.

(Ord. 450 § 1, 2008)

A. Self haulers registered and operating in accordance with this chapter are only permitted to collect, transport and dispose of solid waste generated by and upon the self hauler's own premises. Under no circumstances may a self hauler collect, transport or dispose of solid wastes generated upon premises that are not owned, operated or controlled by the self hauler. Notwithstanding any other provision of this chapter, registered self haulers shall not be permitted to share, place solid waste in, or to otherwise use the bin, cart, rolloff box, or other container of another person or business.

B. Registration. All self haulers shall subscribe to the following registration requirements:

1. Each self hauler shall obtain registration from the city manager. Self haulers must renew their registrations at the commencement of each fiscal year. Initial applications following the adoption of these regulations, for the 2007—2008 fiscal year, must be submitted to the city manager on or before March 1, 2008.

2. The application to register for self-hauling, whether upon initial application or renewal, shall include the following: (a) a list of all bins, carts, rolloff boxes and other containers to be used by the self hauler; (b) a list of all transport and disposal equipment to be used by the self hauler; (c) a written explanation of where all solid waste will be delivered for disposal and diversion; (d) a written plan explaining to the reasonable satisfaction of the city manager how not less than fifty percent (50%) of solid waste collected will be diverted from disposal in compliance with AB 939; and (e) any other information deemed necessary by the city manager to ensure protection of public health, safety and sanitary needs.

3. Renewal applications shall additionally include: (a) receipts from self-hauling activities undertaken in the prior year demonstrating that the applicant has effectively diverted at least fifty percent (50%) of all solid waste generated at its premises from landfills in a manner that complies with the requirements of AB 939; and (b) receipts from self-hauling activities undertaken in the prior year demonstrating that the applicant has delivered solid waste generated at its premises to appropriate disposal or recycling facilities at least as frequently as collection is required for such self hauler by the city manager.

4. The city manager shall approve the application if it meets the requirements of this section, and if the equipment, containers, diversion plan and disposal plan meet with his or her reasonable satisfaction, and if evidence of past diversion and disposal requirements demonstrate the applicant has complied with the fifty percent (50%) diversion requirement and otherwise complied with all laws related to disposal of solid waste.

C. Containers. Each self hauler shall provided its own bins, carts, rolloff boxes or other containers. Bins, carts, rolloff boxes or other containers utilized by a self hauler must conform to industry standards for solid waste disposal and must be approved by the city manager in writing prior to issuance of a self-hauler registration. In addition, any containers utilized by a self hauler shall comply with the following requirements:

1. All containers shall be maintained in good repair, and any question as to the meaning of this standard shall be resolved by the city manager;

2. All containers shall be maintained in a sealed, watertight condition;

3. Self haulers shall remove any graffiti that appears on containers within twenty-four (24) hours after becoming aware of it.

D. Collection and Transport Equipment. Collection and transport equipment, including, but not limited to, transport trucks and vehicles, utilized by a self hauler must be approved by the city manager in writing prior to issuance of a self-hauler registration.

E. Non-Commercial Venture. It is the intent of this chapter to prevent and proscribe self-hauling activities undertaken as a commercial enterprise. Self haulers must obtain all equipment, including containers and collection and transportation equipment, at a fair market value that does not include any hauling services, "free" or otherwise. A self hauler may utilize its own employees to undertake self-hauling activities, but under no circumstance may a self hauler utilize an independent contractor or any other person or entity for waste disposal services other than a franchisee.

F. Other Recycling Obligations. Self haulers shall recycle all recyclable materials not otherwise addressed by this section to a degree and in a manner consistent with standards generally applicable to the solid waste disposal industry and as required by state law.

G. Collection Frequency. Unless otherwise specifically provided in this chapter, self haulers shall remove solid wastes from their premises at least once per week. However, upon application to the city for a self-hauler permit, the city manager may determine a different frequency for solid waste collection, transport and disposal from the self hauler's premises. This determination shall be based upon the nature of the premises, the type of solid waste generated by the premises, and the collection capacity of the self hauler as demonstrated by information in the application.

H. Hazardous and Special Wastes. Unless lawfully and currently licensed under state, federal and local laws, no self hauler shall engage in the collection, transport or disposal of hazardous waste or special wastes.

I. Revocation. The city manager may revoke a self-hauler permit if the permittee either: (1) fails to divert at least fifty percent (50%) of all solid waste generated at its premises from landfills in a manner that complies with the requirements of AB 939; or (2) fails to deliver solid waste generated at its premises to appropriate disposal or recycling facilities at least as frequently as collection is required for such self hauler by the city manager.

(Ord. 450 § 1, 2008)

Any violation of this chapter is punishable as a misdemeanor.

(Ord. 450 § 1, 2008)