Laguna Woods Municipal Code Ch. 4.10 Solid Waste

Footnotes:

--- (4) ---

Editor's note— Ord. No. 21-03, § 3, adopted Nov. 17, 2021, repealed the former Ch. 4.10, §§ 4.10.010—4.10.110, and enacted a new Ch. 4.10 as set out herein. The former Ch. 4.10 pertained to the same subject matter and derived from Ord. No. 00-06, § 1(6.02.00—6.02.90), adopted Oct. 18, 2000.

State Law reference— California Integrated Waste Management Act of 1989, Public Resources Code § 40000 et seq.; littering, Penal Code §§ 374, et seq.; litter receptacles, Government Code § 68055 et seq.; throwing or release of litter, Hazardous materials, etc. on roads, Vehicle Code § 23111 et seq.

The purpose and intent of this chapter is to implement the City's authority related to solid waste granted by state law and regulations promulgated by the California Department of Resources Recycling and Recovery. Chapter 4.10 also regulates the conduct of solid waste collection and disposal so as to promote public health, safety, and welfare.

(Ord. No. 21-03, § 3, 11-17-2021)

For purposes of this chapter only, the following definitions shall apply, unless special meaning is ascribed to them by the California Code of Regulations or California Public Resources Code, as may be amended from time-to-time, in which case such meaning shall apply:

(05) Back-haul shall mean generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment.

(10) Bins shall mean a container, including dumpsters, compactors, and any similar such devices with a capacity of under 10 cubic yards.

(15) Cart shall mean a plastic container with a hinged lid and wheels serviced by an automated or semi-automated process, as opposed to a manual process of lifting and dumping, with a capacity of no less than 30 and no greater than 101 gallons.

(20) City Manager shall mean the City Manager of the City or his/her/their duly-authorized representative or designee.

(25) Collect or Collection or Collecting shall mean to take physical possession of, transport, and remove solid waste from a premises.

(30) Commercial premises shall mean all premises upon which business activity is conducted including, but not limited to, retail sales, wholesale operations, manufacturing, industrial operations, and services including, but not limited to, professional services, hospitality services, and restaurant and food services, 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, in this Code, or otherwise, for purposes of this chapter and to the extent permitted by law, premises upon which assisted living facilities, community care facilities (and other similar types of facilities), hotels, and motels are operated shall be deemed to be commercial premises, and apartment complexes and condominium complexes shall not be deemed to be commercial premises. Any ambiguity as to whether a premises qualifies as a commercial premises shall be resolved by the City Manager.

(35) Container shall mean any and all types of solid waste receptacles, including carts, bins, and roll-off boxes.

(40) Dwelling unit shall mean one or more rooms designed for occupancy by one household for living and sleeping purposes and containing kitchen facilities or an area designed for the preparation of food for use solely by one household.

(45) Franchisee shall mean a person, persons, firm, or corporation that has been issued a franchise by the City to provide solid waste handling services within the City.

(50) Green waste shall mean all leaves, grass cuttings, and shrubs that accompany routine household or property maintenance functions.

(55) Hazardous waste shall mean 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 recodifications of such statutes, or identified and listed as hazardous waste by the U.S. Environmental Protection Agency 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.

(60) Organic material or Organic waste shall have the same meaning as set forth in 14 CCR, Div. 7, Ch. 12, Section 18982.

(65) Premises shall mean any land, building and/or structure within the City limits where solid waste is generated or accumulated.

(70) Recycle or Recycling shall mean the process of collecting, sorting, cleaning, treating, and reconstituting materials for the purpose of reuse or resale.

(75) Recyclable material shall mean solid waste capable of being returned to the economic mainstream using available processes or economically viable processes generally available within the solid waste handling services industry.

(80) Residential premises shall mean all premises upon which dwelling units exist, as well as all clubhouses, golf course facilities, offices/service yards, and other premises located within private gated communities. Notwithstanding any provision to the contrary herein, in this Code, or otherwise, for purposes of this chapter and to the extent permitted by law, apartment complexes and condominium complexes shall be deemed to be residential premises, and premises upon which assisted living facilities, community care facilities (and other similar types of facilities), hotels, and motels are operated shall not be deemed to be residential premises. Any ambiguity as to whether a premises qualifies as a residential premises shall be resolved by the City Manager.

(85) Roll-off box shall mean containers of 10 cubic yards or larger, including compactors.

(90) Self-hauler shall mean a person who hauls solid waste, organic waste or recovered material he/she/they has/have generated to another person. Self-hauler also includes a person who back-hauls waste.

(95) Solid waste shall mean and include all discarded putrescible and non-putrescible 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.

(100) Special wastes shall mean wastes other than solid waste, including sewage, sludge, industrial sludge, asbestos, auto bodies, tires, used motor oil, hazardous waste, animal carcasses, dead animals, parts or portions of dead animals, explosive substances, radioactive materials, and other materials which may not be disposed of at a Class III landfill or which require special handling.

(105) Street maintenance provider shall mean any firm providing street sweeping, catch basin maintenance, storm drain maintenance, or other maintenance services for public or private streets or roads.

(Ord. No. 21-03, § 3, 11-17-2021; Ord. No. 24-08, § 3, 9-18-2024)

(a) The City Council may by resolution or ordinance grant one or more franchises for solid waste handling services related to solid waste generated within the City.

(b) Any solid waste enterprise granted a franchise for solid waste handling services shall operate in a manner that complies with all state laws and regulations. This obligation shall expressly, without limitation, require franchisees to provide all programs required by any state law or regulation to its customers including, as applicable, programs that comply with recycling requirements and requirements related to the diversion of organic material from landfills; and, further shall require franchisees to operate such programs in a manner consistent with such law or regulation.

(Ord. No. 21-03, § 3, 11-17-2021)

(a) Arrangements for removal of solid waste mandatory. Except as otherwise provided in this chapter, the owner, occupant, or person in possession, charge, or control of each residential premises and each commercial premises in the City shall either (i) subscribe to solid waste handling services with a franchisee for said premises or (ii) self-haul as set forth in this chapter in connection with said premises.

(b) Exception: vacant premises. The requirement in Section 4.10.040(a) to provide for solid waste handling services shall not apply in connection with any vacant residential or commercial premises, provided no solid waste is being generated or accumulating. Any person seeking to avail themself/theirself/itself 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 is/was vacant and not generating or accumulating solid waste for the period in question.

(Ord. No. 21-03, § 3, 11-17-2021; Ord. No. 24-08, § 3, 9-18-2024)

(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 containers that are either (i) provided by a franchisee or (ii) for self-hauling purposes pursuant to this chapter. No owner, occupant, or person in possession, charge, or control of any premises shall use a container not in conformance with the requirements hereof for the collection, accumulation, or storage of solid waste.

(b) Containers provided by a franchisee shall comply with all applicable state laws and regulations.

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

(d) Container lids shall remain closed at all times that the container is unattended. If the solid waste contained within a container exceeds the actual capacity of the container, then a larger container or multiple containers must be utilized. The City Manager may impose minimum requirements for container numbers and sizes should he/she/they determine such action is necessary to protect public health, safety, or welfare, or comply with applicable laws pursuant to Section 4.10.060(c).

(e) It is unlawful for any person to share, place solid waste in, or to otherwise use the container of another person. Notwithstanding anything contained herein to the contrary, the sharing of containers shall be permitted under the following conditions:

(1) The owner, occupant, or person in possession, charge, or control of a premises upon which contiguous or adjacent dwellings units exists may arrange for containers for shared use by the occupants, tenants or persons in possession of the dwelling units on such premises, subject to approval of the City Manager, which approval may be delegated to a franchisee. Approval by the City Manager shall be based upon (i) the type of solid waste generated by each residential premises and (ii) the number of containers and frequency of solid waste collection needed to protect public health, safety, and welfare.

(2) The occupants of a single commercial building or contiguous or adjacent commercial buildings may share containers for solid waste handling services at a common location, subject to approval of the City Manager, which approval may be delegated to a franchisee. Approval by the City Manager shall be based upon (i) the type of solid waste generated by each commercial premises and (ii) the number of containers and frequency of solid waste collection needed to protect public health, safety, and welfare.

(f) It is unlawful to use any container furnished by a franchisee for any purpose other than the collection, accumulation, and storage of solid waste.

(g) It is unlawful to convert or alter any container furnished by a franchisee for other uses, or to intentionally damage such containers.

(Ord. No. 21-03, § 3, 11-17-2021; Ord. No. 24-08, § 3, 9-18-2024)

(a) Residential premises. With the exception of vacant premises meeting the provisions of Section 4.10.040(b) of this Code, not less than once per week, every owner, occupant, or person in possession, charge, or control of any residential premises within the City shall cause to be removed by subscription to services provided by a franchisee, or remove by self-hauling (as provided herein), all solid waste stored, generated, collected, or accumulated on such premises.

(b) Commercial premises. With the exception of vacant premises meeting the provisions of Section 4.10.040(b) of this Code, not less than once per week, every owner, occupant, or person in possession, charge, or control of any commercial premises within the City shall cause to be removed by subscription to services provided by a franchisee, or remove by self-hauling (as provided herein), all solid waste stored, generated, collected, or accumulated on such premises.

(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 insufficient 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 Manager) and/or that additional or larger containers shall be utilized (as determined by the City Manager).

(Ord. No. 21-03, § 3, 11-17-2021)

(a) It is unlawful, and a public nuisance, for any person to occupy or inhabit any premises 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 provided by law for the abatement of nuisances.

(c) It is unlawful, and a public nuisance, for any person that subscribes for solid waste handling services with a franchisee to fail to participate in the recycling and organic waste recycling programs offered to them by the franchisee.

(d) It is unlawful, and a public nuisance, for any person that subscribes for solid waste handling services with a franchisee to fail to comply with the terms of any recycling and organic waste recycling programs offered to them by the franchisee, including by placing solid waste in containers of a type or nature not designed for the type of waste in question.

(e) It is unlawful, and a public nuisance, for any person who is operating as a self-hauler within the City to fail to comply with all requirements of such operation, including those related to the handling of organic waste.

(f) It is unlawful, and a public nuisance, for any person to fail to comply with his/her/their/its obligations related to the collection and handling of organic waste as set forth in 14 CCR, Div. 7, Ch. 12; provided, however, that the City Manager is authorized to provide waivers to the requirement to participate in some or all of such obligations where authorized by law.

(g) It is unlawful, and a public nuisance, for any commercial edible food generator, food recovery organization, or food recovery service to fail to meet its obligations as set forth in 14 CCR, Div. 7, Ch. 12.

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

(1) Self-haulers as defined in this chapter.

(2) The owner, occupant, or person in possession, charge, or control of any residential or commercial premises who has subscribed for and is receiving solid waste handling services with a franchisee, when such owner, occupant, or person is hauling materials generated at his/her/their/its own premises to a lawful disposal or recycling facility to a degree and in a manner consistent with standards generally applicable to the solid waste industry and as required by state law or regulation. This exemption does not permit the hiring of any person, 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, handyperson, repairperson, 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 and all state laws and regulations relating to the collection and handling of such materials.

(4) The collection, transportation, and disposal of solid waste by a street maintenance provider as an incidental part of the street maintenance 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 and all state laws and regulations relating to the collection and handling of such materials.

(5) The collection, transportation, and disposal of 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, and further provided that such services comply with any ordinances, policies, and regulations of the City and all state laws and regulations relating to the collection and handling of such materials.

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

(i) 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 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.

(j) It is unlawful for any person to place solid waste adjacent to or in a public street or public right-of-way for collection by a franchisee without having first subscribed for solid waste handling services with such franchisee.

(k) It is unlawful for any person, other than a franchisee, to take, remove or appropriate for his/her/their/its own use any solid waste which has been placed in any location for collection or removal by a franchisee, regardless of whether the solid waste is placed in a container.

(Ord. No. 21-03, § 3, 11-17-2021; Ord. No. 24-08, § 3, 9-18-2024)

(a) Collection, transportation, and disposal. Self-haulers operating in accordance with this chapter are only permitted to collect, transport, and dispose of solid waste generated by the self-hauler. Under no circumstances may a self-hauler collect, transport, or dispose of solid wastes generated by someone other than the self-hauler. Notwithstanding any other provision of this chapter, self-haulers shall not be permitted to share, place solid waste in, or to otherwise use the container of another person or business.

(b) Recordkeeping. Self-haulers of organic waste shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; 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.

(2) The amount of material in cubic yards or tons transported by the self-hauler to each entity.

(3) 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 waste.

(c) Containers. Each self-hauler shall provide its own containers. Containers utilized by a self-hauler must conform to industry standards for solid waste disposal, comply with all laws and regulations. In addition, any containers utilized by a self-hauler shall comply with the following requirements:

(1) All containers shall be maintained in good repair. 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 24 hours after becoming aware of it.

(d) 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 use its own employees to undertake self-hauling activities, but under no circumstance may a self-hauler use an independent contractor or any other person or entity for solid waste handling services other than a franchisee.

(e) Other recycling obligations. Self-haulers shall recycle, or divert from disposal, 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 industry and as required by state law or regulation.

(f) Collection frequency. Self-haulers shall remove solid waste from his/her/their/its premises at least once per week; however, the City Manager may determine a different frequency for solid waste collection, transport, and disposal from the self-hauler's premises. The City Manager's determination shall be based upon (i) the nature of the premises, (ii) the type of solid waste generated by the premises, and (iii) the collection capacity of the self-hauler.

(g) Hazardous and special wastes. Unless lawfully and currently licensed under state and local laws, no self-hauler shall engage in the collection, transport or disposal of hazardous waste or special wastes.

(h) Requirement to subscribe. The City Manager may require the owner, occupant, or person in possession, charge, or control of a residential or commercial premises to subscribe for solid waste handling services with the franchisee if he/she/they (i) fails to divert organic waste from disposal in accordance with applicable laws, including 14 CCR, Div. 7, Chapter 12, Section 18988.3, (ii) 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, or (iii) fails to comply with the record keeping requirements set forth in Section 4.10.080(b).

(Ord. No. 21-03, § 3, 11-17-2021; Ord. No. 24-08, § 3, 9-18-2024)

In addition to any other penalties and/or remedies as set forth in this chapter or provided for by law, any container placed within the City for the collection of solid waste in violation of Section 4.10.070(h) (hereinafter "Unauthorized Container(s)") may be impounded as set forth herein.

(a) The City Manager may cause a notice to be placed in a conspicuous place on any unauthorized container directing that it be removed. The notice shall specify the nature of the violation and shall state that the container must be removed within 24 hours or it may be removed and stored by the City, and the contents disposed of, at the expense of the owner thereof. The notice shall indicate (i) the date and time that the notice was posted, (ii) the name and telephone number of a person designated by the City to hear any appeal or challenge to the requirement that the container be removed, and (iii) that any appeal of the order for removal must occur within 24 hours of the posting of the notice. The posting of a notice to remove shall constitute constructive notice to the owner and user of the unauthorized container of the requirement to remove the unauthorized container, and a copy of the notice shall be provided to the owner of the unauthorized container once said owner's identity is ascertained by the City, and if not provided sooner, a copy of the notice shall be provided at such time as the owner of the unauthorized container seeks to retrieve any such container removed hereunder.

(b) If within 24 hours after a notice to remove is posted on an unauthorized container, a request for an appeal has not been received and the container is not removed, the City Manager may direct the removal and storage of the unauthorized container. In addition, if the contents of the container are either comprised of a substantial amount of putrescible solid waste, or determined by the City Manager to create a threat to public health, safety, or welfare if not disposed of immediately, the City Manager may direct that the contents of the container be disposed of. The owner of the unauthorized container shall be responsible to reimburse the City for the actual cost of removal, storage, and disposal. All amounts due to the City for the actual cost of removal, storage, and disposal must be paid before the unauthorized container may be returned to the owner. Such amounts shall constitute a debt owed by the owner to the City, and the owner shall be liable to the City in an action brought by the City for the recovery of such amounts.

(c) Between the date following the date upon which any unauthorized container is removed by the City, and the date which is five business days following its retrieval from the City, the owner of the unauthorized container may request a hearing to appeal the City's determination that the container is an unauthorized container subject to removal by the City as set forth herein. The City Manager shall establish a procedure for such a hearing and the method for requesting such a hearing shall be included on the notice to remove. If the appeal is granted, any payments due to the City shall be forgiven and any amounts paid reimbursed.

(d) If the identity of the owner of an unauthorized container that has been removed by the City is known to the City Manager, the City Manager shall promptly cause a copy of the notice to be mailed to the owner along with a request that the owner claim the stored property. If the unauthorized container is not claimed within 95 days after mailing of the notice to the owner, or 90 days after removal if the identity of the owner is unknown to the City Manager, the unauthorized container and its contents shall be deemed abandoned property and may be disposed of accordingly. The notice to be posted on unauthorized containers shall specify that the foregoing procedure related to abandonment will apply.

(Ord. No. 21-03, § 3, 11-17-2021; Ord. No. 24-08, § 3, 9-18-2024)

(a) This chapter may be enforced in any manner set forth in this Code, or as otherwise provided by law.

(b) Any person who violates any provision of this chapter shall be guilty of a separate offense for each and every day, or any portion thereof, of which any violation of any provision of this chapter is committed, continued, or permitted by such person, and shall be punishable as misdemeanor or an infraction, at the discretion of the City Manager and/or City Attorney, and except as otherwise set forth below, the following penalties shall apply:

(1) Penalty for misdemeanor violation. Any person convicted of a misdemeanor under any provision of this chapter shall be punishable by a fine of not more than $1,000.00, or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment.

(2) Penalty for infraction violation. Any person convicted of an infraction under any provision of this chapter shall be punishable by:

a. A fine not exceeding $100.00 for a first violation;

b. A fine not exceeding $200.00 for a second violation of the same provision within one year; and

c. A fine not exceeding $500.00 for a third violation and for any additional violation of the same provision within one year.

(c) Violations related to organic waste obligations. In addition to any other available remedy, any violation of 14 CCR, Div. 7, Ch. 12, or any of the provisions hereof which address such obligations shall be subject to the provisions of Chapter 1.06 of this Code, modified as follows:

(1) Upon determining a violation has occurred, the City Manager shall issue a notice of violation pursuant to 14 CCR, Div. 7, Ch. 12, Section 18995.4, requiring compliance within 60 days of such notice.

(2) Absent compliance, the following administrative fines shall apply:

a. For a first violation - $50.00

b. For a second violation - $100.00

c. For a third or subsequent violation - $250.00

(d) Violations deemed to be a public nuisance. In addition to any penalties otherwise imposed, any violation of the provisions of this chapter is deemed to be a public nuisance which may be abated in the manner provided by law for the abatement of nuisances.

(e) Attorneys' fees and court costs. In addition to any civil and criminal penalties as provided by the provisions of this chapter or otherwise, the City may recover reasonable attorneys' fees and court costs, and other such expenses of litigation and/or prosecution as it may incur by appropriate lawsuit against the person found to have violated any provisions of this chapter.

(Ord. No. 21-03, § 3, 11-17-2021; Ord. No. 24-08, § 3, 9-18-2024)