Lancaster Municipal Code Ch. 13.17 Requirements for the Collection and Recycling of Recyclable Materials…

The city is required to adhere to state-mandated policies and thus is establishing citywide requirements applicable to the 1989 California Integrated Waste Management Act - Assembly Bill 939 (AB 939), as amended by Assembly Bill 341 (AB 341), signed into law October 2011, Recycling of Commercial Solid Waste, and Assembly Bill 1826 (AB 1826), signed into law September 2014, Recycling of Organic Waste, and any future bills amending the 1981 California Integrated Waste Management Act. AB 341 and AB 1826 impact commercial businesses and multi-family dwellings with five (5) or more units. These assembly bills state that their purposes are to increase the diversion of recyclable material and organic waste from landfill disposal, reduce greenhouse gas emissions, conserve water, energy and other natural resources, and protect the environment. This chapter is to ensure citywide compliance of state-mandated policies.

(Ord. No. 1077, § 2(Exh. A), 12-8-2020)

The following words and phrases, wherever used in this chapter, shall be construed as set forth below, unless it is apparent from the context they have a different meaning:

"AB 939" or "Assembly Bill 939" means Division 30, Waste Management, in the California Public Resources Code (Sections 4000—49620), as it may be amended from time to time, a state law requiring, among other things, all California cities, counties, and approved regional solid waste management agencies responsible for enacting plans and implementing programs to divert 25 percent of their solid waste by 1995 and 50 percent by year 2000.

"AB 341" or "Assembly Bill 341" means Chapter 12.8 of Part 3 of Division 30 of the California Public Resource Code (Sections 42649—42649.7), as it may be amended from time to time, a state law requiring certain generators to divert recyclable materials from their solid waste stream.

"AB 1826" or "Assembly Bill 1826" means Chapter 12.9 of Part 3 of Division 30 of the California Public Resource Code (Sections 42649.8—42649.86), as it may be amended from time to time, a state law requiring certain generators to recycle their organic waste.

"Business" means any commercial entity, public entity, or multi-family residential dwelling of five (5) or more units that generates two (2) or more cubic yards of commercial solid waste per week.

"City" means the City of Lancaster.

"City Manager" means the city manager of the city, including his or her designees, appointed pursuant Lancaster Municipal Code section 2.08.010.

"Compost" is defined in state law as the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal waste stream.

"Franchise hauler" means a hauler holding a franchise, contract, license or permit issued by the city which authorizes the exclusive or non-exclusive right to provide solid waste handling services within all or part of the jurisdictional boundaries of the city.

"Generator" means the responsible party of a business(es), which generates recyclable or compostable materials as a result of its business. Generator may also include tenants, property managers for facilities with leased space, employees and/or contractors of the responsible party of the business. Generator also means the responsible party for a special event.

"Gross contamination" refers to instances where a identifiable amount of non-recyclable materials is found in recycling or organic waste collection containers at the site of collection.

"Organic waste" is defined as green waste and other material that can be broken down into, or otherwise become part of, usable compost in a safe and timely manner. Compostable material may also include waste such as food scraps, soiled paper, plant trimmings, and other yard and wood wastes that are not hazardous.

"Recycle or recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the market place as defined in Public Resources Code 40180. Recycling does not include burning, incinerating, or thermally destroying solid waste.

"Recyclable materials" means materials that have been separated from the solid waste stream prior to disposal and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the market place and that are not landfilled. Recyclable materials include any materials identified by the City or franchise hauler for which a market exists, including, but not limited to: plastic bottles and jars, paper, unsoiled cardboard, glass, newspaper, metal containers, and cans.

"Responsible party" means the owner of a business or a person who is responsible for control of a business. Responsible party shall also have the same meaning as set forth in Lancaster Municipal Code section 9.40.030.

"Solid waste" means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not a hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semi-solid wastes. Solid waste does not include hazardous waste or low-level radioactive waste defined in Health and Safety Code sections 25117 and 25141.

"Source separated" or "source separation" means the process of removing recyclable materials and organic waste from solid waste at the place of discard generation, prior to collection, into separate containers that are separately designated for recyclables or organic waste for the purposes of recycling.

"Special event" for purposes of this chapter shall have the same meaning as set forth in Lancaster Municipal Code section 9.40.030.

(Ord. No. 1077, § 2(Exh. A), 12-8-2020)

A. Each generator shall be responsible for ensuring and demonstrating its compliance with the requirements of this ordinance.

B. Each generator subject to AB 341 or AB 1826 or both must source separate recyclable materials and organic waste from solid waste and subscribe to a basic level of recycling services that includes the collection of recyclables and organic waste.

C. Each generator shall provide documentation, upon request, of recycling activities, such as invoices, statements or receipts from the city's franchise hauler, a third-party service provider and/or a recycling center as applicable.

D. Each generator shall use containers to collect and store recyclable materials and organic waste, and shall designate areas of appropriate size to collect and/or store recyclable materials and organic waste with prominently posted signs, work areas, or common areas where recyclable materials and organic waste are collected and/or stored that specify materials to be source separated in addition to collection procedures for such materials.

E. All recyclable materials and organic waste shall be placed for collection in covered collection containers conforming to the following requirements:

1. The generator is responsible to keep the containers used for storage and on the premises in a clean and sanitary condition.

2. No non-conforming materials shall be commingled with recyclable materials or organic waste in the collection container.

3. Lids on collection containers shall remain closed at all times while stored or placed for collection.

F. A violation of the source separation requirements set forth in this section 13.17.020 shall constitute a public nuisance under Chapter 8.28 of the Lancaster Municipal Code and, subject to the noticing requirements of section 13.17.080, shall be punishable pursuant Chapter 1.12 and 1.16 of the Lancaster Municipal Code.

(Ord. No. 1077, § 2(Exh. A), 12-8-2020)

A. Each generator is responsible for providing adequate storage space for automatic lift containers, bins or roll off bins for recyclable materials and organic waste on site.

B. Each generator must demonstrate an effort to comply with providing adequate storage space for collection including expanding the existing space or sharing with an adjoining business or property.

(Ord. No. 1077, § 2(Exh. A), 12-8-2020)

A. Nothing in this ordinance shall preclude any generator from self-hauling recyclable materials generated by that business to a recycling facility or the sale or donation of recyclables to a third-party.

B. A generator may transport recyclable materials at its business or property to a recycling facility only if the generator completes such transport by using a vehicle owned by the generator. The generator may not contract or hire a third party to collect or transport recyclable materials where such transport results in a net service charge to the generator.

C. The city may restrict or prohibit self-hauling, sale or donation of recyclable materials by a generator if the city manager determines, after providing notice and an opportunity for a hearing, that the generator's self-hauling activities violate the provisions of this ordinance or any other applicable law.

D. Before collecting or transporting solid waste, including recyclable solid wastes or green waste, each self-hauler, ancillary hauler as defined in subsection (E) of this section, shall obtain a self-haul permit from the city. The self-haul permit must be renewed on an annual basis and all applicants must pay a permitting fee to offset the expense to the city for processing, handling, and performing the required work associated with the permit. Each self-haul permit holder shall submit reports to the city, in a format and at a frequency determined by the city manager. Required report information may include, but is not limited to, the type, quantity, volume, weight, and disposal facility destination of the solid waste collected in the city. Each report is also required to include gate tickets, receipts or similar documentation substantiating the information contained in the report. Failure to submit required reports to the city or to self-haul with the required frequency shall be a basis for revocation of a self-haul or ancillary haul permit.

E. "Self-haul" as used in this section means the hauling of solid waste, recyclables and organic waste to diversion facilities by the generator of said waste using the generator's own vehicles and manpower, such as in the redemption of CRV containers or donations to a food bank.

"Ancillary haul" as used in this section means the hauling of recyclables and organic waste to diversion facilities by a third-party service provider to divert recyclables and organic waste. To comply with the terms of the city's franchise agreement and this chapter, such providers must either provide the hauling service at no charge to the generator or include the hauling of material as an ancillary benefit of another service performed at the generator premises. Examples of this include a recycler that pays the generator for the material, a donation from the generator premises to a food bank that collects the material at no charge, or a landscaper that removes green waste as a part of its service at the generator premises.

(Ord. No. 1077, § 2(Exh. A), 12-8-2020)

Franchise haulers shall provide reports on the required dates designated by contract and include the identification of:

A. The total number of businesses the franchise hauler has in the city's boundaries, the name and address of each facility serviced, and the name of the responsible party for solid waste and recyclable materials management at each business.

B. The frequency of recyclable materials collection service provided to each business.

C. The amount of recyclable materials and organic waste, collected per week by volume in cubic yards as measured by the number and size of applicable containers and frequency of service during the period of the report.

D. The location of recycling facilities to which the recyclable materials were taken during the period of the report.

E. The identity of non-compliant generators and brief explanation of non-compliant activity.

(Ord. No. 1077, § 2(Exh. A), 12-8-2020)

Special events shall be responsible for ensuring and demonstrating compliance with the requirements of this chapter. In addition to other requirements in this chapter and the Municipal Code, each special event shall:

A. Segregate recyclable materials and, for special events that include food service, organic materials from garbage by placing each type of material in a separate designated receptacle or container, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on site segregate recyclable materials and, for food service, organic waste.

B. Ensure the special event has access to an adequate number and type of containers needed for collecting and storing recyclable materials and, when applicable, organic waste generated at and by the special event.

C. Provide or ensure the provision of adequate receptacles throughout the special event location to make the segregation of recyclable materials and organic materials convenient for employees, volunteers, contractors, vendors, exhibitors, presenters, visitors, attendees, customers, and other persons on site.

D. Provide or ensure the provision of an equal or greater number of receptacles for recyclable materials and, when applicable, organic waste to receptacles for garbage. Individual receptacles for recyclable materials, organic waste, and garbage shall be placed as close together as possible throughout the special event location in order to provide equally convenient access to receptacles for recyclable materials and organic waste as to receptacles for garbage.

E. Ensure that all receptacles used for segregating and storing recyclable materials, organic waste, and garbage are affixed with signs or labels that display the appropriate information to enable users to accurately segregate solid waste and to clearly differentiate which receptacles are used for recyclable materials, organic waste, and garbage, to minimize the contamination of material placed in receptacles.

F. Have at least one (1) separate receptacle each for recyclable materials, organic waste, and garbage for use by employees, contractors, custodians, customers, visitors, and other persons on site.

G. Distribute information about the requirements of this chapter and appropriate informational materials to all vendors, exhibitors, and other commercial generators during event planning and setup.

H. Ensure that the contents of the receptacles for recyclable materials and organic waste are not delivered to garbage containers unless they include unacceptable levels of gross contamination.

(Ord. No. 1077, § 2(Exh. A), 12-8-2020)

A. The city manager is authorized to administer and enforce the provisions in this chapter. The city manager or anyone designated by the city manager to be an enforcement officer may exercise such enforcement powers to the extent permitted by law.

B. Generators found to be out of compliance with any part of this chapter will be penalized through the incremental notification and enforcement procedure as follows:

1. The franchise hauler shall notify the city manager and/or his or her designee each time it finds incorrect materials in a collection container.

2. After receiving notice from the franchise hauler of a generator in violation of this chapter, the city manager and/or his or her designee will provide written notice to the generator that the generator is in violation of this chapter.

3. If the franchise hauler notifies the city manager and/or his or her designee that incorrect materials were found in a collection container a second time within twelve (12) months of the city providing notice pursuant to subsection 2 above, the city manager and/or his or her designee shall provide a second written notice to the generator that the generator is in violation of this chapter and that failure to cure its non-compliance may result in enforcement action.

4. If the franchise hauler notifies the city manager and/or his or her designee that incorrect material were found in a collection container for a third time within twelve (12) months of the city providing notice pursuant to subsection 2 above, as well as all subsequent violations occurring within twelve (12) months of the city providing notice pursuant to subsection 2 above, shall be subject to enforcement action(s) pursuant to Chapter 1.12 and 1.16 of the Lancaster Municipal Code.

5. The city manager may seek injunctive relief or civil penalties in the superior court in addition to the above remedies and penalties.

6. Otherwise, the city manager or designee may take any other action authorized by any other provision of law.

(Ord. No. 1077, § 2(Exh. A), 12-8-2020)

The city manager is authorized to promulgate such regulations as may be necessary or convenient to implement this chapter.

(Ord. No. 1077, § 2(Exh. A), 12-8-2020)