Livingston Municipal Code Ch. 2 Wastes and Recyclable Materials

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCUMULATE. To collect, gather or pile up any solid waste on any premises in the corporate limits of the City of Livingston.

ANIMAL. Any equine or bovine animal, goat, sheep, swine, domestic cat, dog, poultry or other domesticated beast or bird. The term shall include wild or game animals whenever necessary to effectively control or eradicate diseases.

ANIMAL BYPRODUCTS. The bones, fat, grease, meats and blood waste generated by the processing of meat for animal or human consumption at locations including, but not limited to, butchering facilities, slaughterhouses, markets, restaurants, processing facilities or packaging plants.

BLACK CONTAINER. Any bin, can, receptacle or any other type of receptacle or depository designated by the city or a city-designated waste removal company for the deposit, storage and collection of garbage not designated for collection in the green container.

BROKER.

1. Any person owning, managing or operating a business to accumulate, collect, handle, transport or dispose of offal, slop, swill, debris, refuse, garbage, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious wastes, industrial liquid waste, recycling materials, green wastes or any other solid waste imported, produced or found within the city limits; or

2. Any person engaged in the business of buying meat obtained from a dead animal and reselling such meat in an uncooked form.

CITY. The City of Livingston.

CITY COUNCIL. The City Council of the City of Livingston.

CITY MANAGER. The City of Livingston City Manager, his or her designee as well as the employees working under his or her supervision.

COLLECTION. The operation of gathering together and transporting solid waste to the point of disposal.

COLLECTOR.

1. A person accumulating, handling and transporting or delivering offal, slop, swill, debris, refuse, garbage, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious wastes, industrial liquid waste, recycling materials, green wastes or any other solid waste imported, produced or found within the city limits; or

2. Any person engaged in the business of collecting dead animals.

COMMERCIAL BUSINESS or COMMERCIAL. A firm, partnership, proprietorship, joint-stock company, corporation or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(6). A multi-family residential dwelling that consists of fewer than five units is not a COMMERCIAL BUSINESS for purposes of implementing this chapter.

COMMERCIAL EDIBLE FOOD GENERATOR. A tier one or a tier two COMMERCIAL EDIBLE FOOD GENERATOR as defined in this chapter or as otherwise defined in 14 Cal. Code of Regulations Title 14, § 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not COMMERCIAL EDIBLE FOOD GENERATORS pursuant to Cal. Code of Regulations Title 14, § 18982(a)(7).

COMPLIANCE REVIEW. A review of records by the City of Livingston to determine compliance with this chapter.

COMMUNITY COMPOSTING. Any activity that composts green material, agricultural material, food material and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in Cal. Code of Regulations Title 14 § 17855(a)(4); or, as otherwise defined by CCR Title 14, § 18982(a)(8).

COMPOST. Holds the same meaning as in Cal. Code of Regulations Title 14, § 17896.2(a)(4), which stated, as of the effective date of this chapter, that COMPOST means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.

COMPOSTABLE PLASTIC. Plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in Cal. Code of Regulations Title 14, § 18984.2(a)(1)(C).

CONTAINER CONTAMINATION or CONTAMINATED CONTAINER. A container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(55).

CONSTRUCTION WASTE or DEMOLITION WASTE. Solid waste material resulting from building construction, alteration, repair, demolition, including brick, stone, cement, lumber, plaster, and drywall; packaging or rubble resulting from construction, remodeling, repair and demolition operations on pavements or residential, commercial, industrial, institutional and governmental buildings and other structures.

CONTAINER. Residential, commercial, industrial, institutional and government cans, bins, dumpsters approved and provided by the city, city contract agent, licensee, franchisee or permittee for the accumulation and collection of garbage, refuse, rubbish, hazardous waste, household hazardous waste, construction rubbish, recyclable materials, green waste or any other solid wastes from any premises within the city.

CONTRACT AGENT. If the City Council determines to award such a contract to a private business, an agent or employee of an agent of the city, or any person thereof with whom the city shall have duly contracted, under the terms hereinafter set out in the provisions of this chapter, and under the provisions of the laws of the state, with amendments thereto, to accumulate, collect, handle, transport, store or dispose of garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, industrial fluids, recyclable materials, green waste and all other solid waste.

COUNTY. The County of Merced.

CUSTOMER or CONSUMER. Each owner and/or occupant of each building, lot or parcel in the city from which refuse, rubbish, garbage, recyclable materials or green waste are generated or which refuse, rubbish, garbage, recyclable materials, or green waste are required to be collected pursuant to this chapter.

DEAD ANIMAL. The carcass, or any part thereof, of a bovine animal, goat, sheep, swine, domestic cat, dog, poultry or other domesticated beast or bird. The term shall include wild or game animals.

DESIGNATED SOURCE SEPARATED ORGANIC WASTE FACILITY. As defined in Cal. Code of Regulations Title 14, § 18982(14.5), a solid waste facility that accepts a source separated organic waste collection stream as defined in Cal. Code of Regulations Title 14, § 17402(a)(26.6) and complies with one of the requirements according to facility type in Cal. Code of Regulations Title 14, §§ 18982(a)(14.5)(A) through 18982(a)(14.5)(B).

DESIGNEE.

1. An entity that the city contracts with or otherwise arranges to carry out any of the city’s responsibilities of this chapter.

2. A DESIGNEE may be a government entity, a hauler, a private entity or a combination of those entities.

DEVELOPMENT. Any new or existing project, facility or building, the users of which generate waste within and/or on the property.

DISABLED CUSTOMER.

1. Anyone who has applied at the city and has been designated as a DISABLED CUSTOMER by the city, because he or she has provided adequate documentation and has been determined by the city as meeting one or more of the following criteria:

(a) Has been found to be permanently handicapped by the California Department of Motor Vehicles;

(b) Has been found to be totally and permanently disabled by the Social Security Administration under any of their programs including, but not limited to, the Social Security Disability Insurance Program under Title II of the Social Security Act, being 42 U.S.C. §§ 401 et seq., and including, but not limited to, the supplemental security income program under Title XVI of the Social Security Act, being 42 U.S.C. §§ 1381 through 1385;

(c) Has been determined to be permanently disabled by any branch of the military or veterans’ administration; or

(d) The City Manager or his or her designee has determined that the individual is disabled based on the statement of a licensed physician.

2. No customer shall be designated as a DISABLED CUSTOMER if there is an able bodied person residing at the customer’s house.

DISPOSAL. The complete operation of transporting, treating and disposing of accumulations of garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials and green waste and of the product or residue arising from such treatment.

DUMP. To discard or relinquish control or possession of any waste, and includes any act of littering.

DWELLING UNIT. A residential, single-family dwelling and each separate apartment dwelling of a duplex, triplex or fourplex up to and including four apartments, including upstairs, basement, garage or detached apartment or housing units. The term does not include commercial units, industrial units or institutional users.

EDIBLE FOOD. Food intended for human consumption, or as otherwise defined in 14 Cal. Code of Regulations Title 14, § 18982(a)(18). Nothing in this chapter or in Cal. Code of Regulations, Title 14, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the Cal. Retail Food Code.

ENFORCEMENT ACTION. An action of the city to address non-compliance with this chapter, including, but not limited to, issuing administrative citations, fines, penalties or using other remedies.

ENFORCEMENT OFFICIAL. The City Manager or his or her designee, except as otherwise provided herein, shall administer, implement and enforce the provisions of this chapter.

EXCLUDED WASTE. Hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing or disposal, be a violation of local, state or federal law, regulation or ordinance, including land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the city’s or its designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city or its designee to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment and disposal of batteries and paint in compliance with Cal. Public Resources Code §§ 41500 and 41802. EXCLUDED WASTE does not include used motor oil and filters, household batteries, universal wastes and/or latex paint when such materials are defined as allowable materials for collection through the city’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the city or its designee for collection services.

FACILITY. Something that is installed or established to serve a particular purpose.

FOOD DISTRIBUTOR. A company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(22).

FOOD FACILITY. Holds the same meaning as in Cal. Health and Safety Code § 113789.

FOOD RECOVERY. Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(24).

FOOD RECOVERY ORGANIZATION.

1. An entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(25), including, but not limited to:

(a) A food bank as defined in Cal. Health and Safety Code § 113783;

(b) A nonprofit charitable organization as defined in Cal. Health and Safety Code § 113841; and

(c) A nonprofit charitable temporary food facility as defined in Cal. Health and Safety Code § 113842.

2. A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of Cal. Code of Regulations, Title 14, Division 7, Chapter 12 pursuant to Cal. Code of Regulations Title 14, § 18982(a)(7).

FOOD RECOVERY SERVICE. A person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(26). A FOOD RECOVERY SERVICE is not a commercial edible food generator for the purposes of this chapter and implementation of Cal. Code of Regulations Title 14, Division 7, Chapter 12 pursuant to Cal. Code of Regulations Title 14, § 18982(a)(7).

FOOD SCRAPS. All food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese and eggshells. FOOD SCRAPS excludes fats, oils and grease when such materials are source separated from other FOOD SCRAPS.

FOOD SERVICE PROVIDER. An entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(27).

FOOD SOILED PAPER. Compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins and pizza boxes.

FOOD WASTE. Food scraps, food-soiled paper and compostable plastics.

GREEN CONTAINER. Any bin, can receptacle or cart that has the same meaning as in Cal. Code of Regulations Title 14, § 18982.2(a)(29), or an existing onsite container labeled as “organics”, and shall be used for the purpose of storage and collection of source separated green container organic waste.

GREEN WASTE. Cut shrubbery, trees, shrubbery trimmings, dead flowers, grass cuttings, dead plants, grass clippings, weeds, vines, brush, leaves, dead trees or branches thereof, chips, shavings, sawdust, straw, and other similar organic material which may be effectively composted.

GREEN WASTE COLLECTION PROGRAM. The program by which the city collects green waste from residential, commercial, industrial, institutional and governmental customers of garbage collection services. The collection of green waste shall be by a service schedule which may be separate from those for the pick up of garbage and recyclable materials.

GROCERY STORE. A store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(30).

HANDLING. The transporting, transferring, pumping, processing, storing, or packaging of waste referred to in this chapter.

HAULER ROUTE. The designated itinerary or sequence of stops for each segment of the city’s collection service area, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(31.5).

HAZARDOUS MATERIAL. Any material that, because of its quantity, concentration or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. HAZARDOUS MATERIALS include, but are not limited to, hazardous substances, hazardous waste, and any material that a handler or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment.

HAZARDOUS SUBSTANCE. Includes, but is not limited to, any HAZARDOUS SUBSTANCE as that term is defined under Cal. Health and Safety Code §§ 25281(h), 25501(n), and pursuant to 42 U.S.C. § 9601(14); any HAZARDOUS WASTE as that term is defined under 42 U.S.C. § 6903(5), and under Cal. Health and Safety Code § 25501(n); any HAZARDOUS MATERIAL, as that term is defined under Cal. Health and Safety Code § 25501(n); any chemical which the Governor of California has identified as a chemical known to cause cancer or reproductive toxicity, pursuant to Cal. Health and Safety Code § 25249.8; and any crude oil or refined or unrefined petroleum product, or any fraction or derivative thereof, and any asbestos or asbestos containing material. The term HAZARDOUS SUBSTANCE includes any amendments to the above referenced statutes and regulations.

HAZARDOUS WASTE.

1. Any substance which has been determined to be a hazardous substance such that it cannot be disposed of in the county’s landfill and is required by county ordinance, state law, federal law or by county, state or federal regulations to be transported to a specialized disposal facility set aside for hazardous waste. HAZARDOUS WASTES include, but are not limited to, household hazardous wastes;

2. A waste, or combination of wastes, which because of its quality, concentration, or physical, chemical, or infectious characteristics may do either of the following:

(a) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or

(b) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed.

3. All waste defined or characterized as hazardous waste by the federal law in Cal. Health and Safety Code § 25117, as amended, and all future amendments thereto, or regulations promulgated hereunder; or

4. All waste defined by agencies of the state (including, without limitation, the Department of Health Services and the California Waste Management Board) having jurisdiction over hazardous waste generated by facilities within such state, provided that the term HAZARDOUS WASTE:

(a) Is intended to mean and include those substances that are not normally expected to be disposed of by generally accepted sanitary landfill disposal methods;

(b) Shall include radioactive wastes; and

(c) Shall be construed to have the broader, more encompassing definition where there exists a conflict in the definitions employed by two or more governmental agencies having concurrent or overlapping jurisdiction over hazardous waste.

5. All infectious waste as defined in this chapter. All infectious waste shall also be considered HAZARDOUS WASTE and subject to all federal, state, county and city hazardous waste and infectious waste laws and regulations.

HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY. A facility that is in compliance with the reporting requirements of Cal. Code of Regulations Title 14, § 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50% between January 1, 2022, and December 31, 2024, and 75% after January 1, 2025, as calculated pursuant to Cal. Code of Regulations Title 14, § 18815.5(e) for organic waste received from the mixed waste organic collection stream as defined in Cal. Code of Regulations Title 14, § 17402(a)(11.5); or, as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(33).

HOUSEHOLD HAZARDOUS WASTE. Any waste produced by a household that contains an ingredient listed in the 40 C.F.R. parts 261.33(e) or 261.33(f), or that exhibits characteristics of ignitability, corrodibility, reactivity (e.g., an oxidizer) toxicity, or infectiousness. Empty containers retaining residues of HOUSEHOLD HAZARDOUS WASTE include, but are not limited to, each of the following: household cleaners; pesticides; batteries; wood preservatives; automobile polish; furniture polish; fertilizers; automotive products; adhesives and sealants; paints and coatings; photographic chemicals; swimming pool chemicals; and used oils.

INDUSTRIAL LIQUID WASTE. Any and all liquid or waterborne waste from an industrial or commercial process.

INDUSTRIAL UNITS. Any business establishment engaged in processing, manufacturing, slaughtering, warehousing, construction and/or demolition or other similar activity.

INFECTIOUS WASTE. Solid waste capable of producing an infection or pertaining to or characterized by the presence of pathogens or medical waste regulated by the Cal. Health and Safety Code §§ 117600 et seq. It includes, but is not limited to, certain wastes generated from dead animals or by medical practitioners, hospitals, nursing homes, medical testing labs, mortuaries, taxidermists, veterinarians, veterinary hospitals, medical testing labs, slaughterhouses, rendering plants, receiving plants, protein reduction plants, tallow plants, and any waste that includes animal wastes, feathers, hides, fats, grease, bone, bone meal, flesh, blood, feces, manure, night soil, meat, flesh, hair, animal byproducts or body parts from animal processing plants, slaughterhouses, rendering plants, receiving plants, tallow plants, protein reduction facilities or other similar facilities. All INFECTIOUS WASTE shall also be considered HAZARDOUS WASTE and subject to all federal, state, county and city hazardous waste laws and regulations.

INSPECTION. A site visit where the city reviews records, containers and an entity’s collection, handling, recycling or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(35).

INTERMEDIATE STORAGE TANK. Any stationary tank used for the temporary storage of hazardous and nonhazardous substances which will be transported off site to a disposal site for subsequent treatment or disposal.

LARGE EVENT. An event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system or other open space when being used for an event, as defined in Cal. Code of Regulations Title 14, § 18982(a)(38).

LARGE VENUE. A permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of Cal. Code of Regulations Title 14, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit or privately owned or operated stadium, hall, conference or civic center, airport, performing arts center, museum, theater or other public attraction facility. For purposes of this chapter and implementation of Cal. Code of Regulations Title 14, Division 7, Chapter 12, a site under common ownership or control that includes more than one LARGE VENUE that is contiguous with other LARGE VENUES in the site, is a single LARGE VENUE, as defined in Cal. Code of Regulations Title 14, § 18982(a)(39).

LOCAL EDUCATION AGENCY. A school district, charter school or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(40).

MULTI-FAMILY RESIDENTIAL DWELLING UNITS. A permanent building containing two or more dwelling units including, but not limited to, apartments, condominiums and mobilehome parks.

MWELO. The Model Water Efficient Landscape Ordinance (MWELO), Cal. Code of Regulations Title 23, Division 2, Chapter 2.7.

NON-COMPOSTABLE PAPER. Includes, but is not limited to, paper that is coated in a plastic and/or metallic material that will not breakdown in the composting process, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(41).

NON-LOCAL ENTITY. The following entities are not subject to the city’s enforcement authority, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(42):

1. Special district(s) located within the boundaries of the city, including Livingston Union School District; and

2. State agencies located within the boundaries of the city, including Caltrans, Cal Fire or Merced County facilities.

NON-ORGANIC RECYCLABLES. Non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in Cal. Code of Regulations Title 14, §18982(a)(43).

NOTICE OF VIOLATION (NOV). A notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(45) or further explained in Cal. Code of Regulations Title 14, § 18995.4.

OFFAL. The waste or byproduct of a process.

ORGANIC WASTE. Solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate and sludges or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(46). Biosolids and digestate are as defined by Cal. Code of Regulations Title 14, § 18982(a).

ORGANIC WASTE GENERATOR. A person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(48).

PAPER PRODUCTS. Includes, but is not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue and toweling, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(51).

PERMITTEE, LICENSEE or FRANCHISEE. Any person or solid waste enterprise who accumulates, collects, transports, stores or disposes of any form of garbage, refuse, rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, construction rubbish, recyclable materials, green waste or any other solid waste, for compensation pursuant to a City Council granted permit, license, contract or franchise issued under this chapter.

PERSON. Individuals, companies, firms, corporations, partnerships, trusts, associations or combinations thereof.

PREMISES. Any single-family residential, multi-family residential, industrial, commercial, retail, institutional or governmental properties of any kind, or any other dwelling, building or vacant property where solid waste is generated or accumulates for disposal.

PRINTING AND WRITING PAPERS. As defined in Cal. Code of Regulations Title 14, § 18982(a)(54).

PROHIBITED CONTAINER CONTAMINANTS. Includes the following:

1. Discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city’s green container; and

2. Excluded waste placed in any container.

PUBLIC HIGHWAY. Any public street, alley, road, walkway, public place or highway open to and used by the traveling public and not used as a private right-of-way.

RECEIVING PLANT. A premises to which dead animals are delivered for the purpose of obtaining animal wastes, feathers, hides, fats, grease, bone, bone meal, flesh, blood, feces, manure, night soil, meat, flesh, hair, animal byproducts or other animal body parts or for the purpose of selling or delivering the dead animals or parts thereof to a rendering plant, tallow plant or protein reduction facility.

RECOVERABLE MATERIAL. Material which is capable of being retrieved or diverted from disposal or transformation for the purpose of recycling, reuse and composting. RECOVERABLE MATERIAL does not include those materials generated from and reused on site for manufacturing purposes.

RECYCLABLE MATERIAL. Solid waste material such as newspapers, printed matter paper products, aluminum cans, other cans, glass, beverage containers, bottles, plastic containers, pasteboard, corrugated cardboard and other items that through a process of collecting, sorting, cleansing, treating and reconstituting is returned to the economic mainstream in the form of raw material for new, reused, remanufactured, reprocessed or reconstituted products which meet the quality standards necessary to be used in the marketplace.

RECOVERED ORGANIC WASTE PRODUCTS. Products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(60).

RECOVERY. Any activity or process described in Cal. Code of Regulations Title 14, §18983.1(b), or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(49).

RECYCLABLE MATERIAL. Solid waste material such as newspapers, printed-matter paper products, aluminum cans, other cans, glass, beverage containers, bottles, plastic containers, pasteboard, corrugated cardboard and other items that through a process of collecting, sorting, cleansing, treating and reconstituting is returned to the economic mainstream in the form of raw material for new, reused, remanufactured, reprocessed or reconstituted products which meet the quality standards necessary to be used in the marketplace.

RECYCLED CONTENT PAPER. Paper products and printing and writing paper that consists of at least 30%, by fiber weight, postconsumer fiber or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(61).

RECYCLING. The process of collecting, sorting, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream as defined in the Cal. Public Resources Code § 40180.

RECYCLING PROGRAM. The program by which the city collects recyclable materials from residential, commercial, industrial, institutional and governmental customers of garbage, refuse, rubbish or green waste collection services. The collection of recyclable materials shall be by a service schedule that may be separate from those for the pick up of garbage, refuse, rubbish and green waste.

RECYCLING STATION. Any property and/or facility that is used or designated to be used at any time for the recycling of any or all recyclable materials including green waste materials.

REFUSE. All solid waste, including, but not limited to, all “rubbish”, “construction rubbish”, “recyclable material”, “garbage”, “green waste”, and “household hazardous waste” as defined in this chapter or as defined in Cal. Public Resources Code §§ 40191 and 49503.

RENDERING PLANT, TALLOW PLANT, PROTEIN REDUCTION FACILITY OR SIMILAR FACILITY. A premises at which dead animals are processed into hides, meat, bone meal, meat meal or inedible fats. All animal byproducts from rendering plants, tallow plants, protein reduction facilities are considered to be “infectious waste” and “hazardous waste”.

REGIONAL AGENCY. As defined in Cal. Public Resources Code § 40181.

REMOTE MONITORING. The use of the internet of things (IoT) and/or wireless electronic devices to visualize and providing photo documentation of the contents of containers, for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

RESIDENTIAL CUSTOMER. The owner and/or occupant of a one-family dwelling unit and/or multi-family dwelling units.

RESIDENTIAL UNITS. All dwelling units including one-family residential dwelling units, multi-family residential units, apartments, condominiums, planned unit developments or any other dwelling units occupied or used by people for living, sleeping and other domestic activities.

RESTAURANT. An establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(64).

ROUTE REVIEW. A visual inspection of containers along a hauler route for the purpose of determining container contamination and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(65).

RUBBISH. All solid waste material, both combustible and noncombustible, consisting of waste wood, wood products, mattresses, rubber, plastics, clothing, rags, shoes, boots, carpets, linoleum, oil cloth, waste pulp, glass, crockery, bottles, shelves, cans, wire, products used for packaging or wrapping, building and yard sweepings, old metals, mineral or metallic substances, earth, rock, ashes, cinders, water heaters, furnaces, furniture, washers, dryers, refrigerators, televisions, radios, or other waste material or other discarded, abandoned or useless matter which by its presence or accumulation may injuriously affect the health, comfort, safety or convenience of any portion of the community by increasing the danger of disease, injury or damage to person or property, or hazard by fire; and shall include all other organic or inorganic matter rejected, abandoned or discarded by the owners or producers thereof as useless or offensive. RUBBISH does not include wastes and other materials, including, but not limited to, objects not easily moved by one man, such as discarded automobile bodies, other bulky or heavy objects, manure or offal or waste from animal yards.

SB 1383. Senate Bill 1383 of 2016, approved by the Governor on September 19, 2016, which added §§ 39730.5, 39730.6, 39730.7 and 39730.8 to the Cal. Health and Safety Code, and added Chapter 13.1 (commencing with § 42652) to Part 3 of Division 30 of the Cal. Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

SB 1383 REGULATIONS. The short-lived climate pollutants; organic waste reduction regulations developed by CalRecycle and adopted in 2020 that created Cal. Code of Regulations Title 14, Division 7, Chapter 12 and amended portions of regulations of Cal. Code of Regulations Title 14 and Cal. Code of Regulations Title 27.

SCAVENGE. The unauthorized removal of any recyclable materials or solid waste without a permit under this chapter.

SELF-HAULER. A person who hauls solid waste, organic waste or recyclable material he or she has generated to a collection site or facility. SELF-HAULER also includes a person who back-hauls waste, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(66). “Back-haul” means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(66)(A).

SINGLE-FAMILY. Of, from or pertaining to any residential premises with fewer than five units.

SLAUGHTER. Slaughter for the purpose of processing for human consumption.

SOLID WASTE. As defined in Cal. Public Resources Code § 40191, which defines SOLID WASTE as all putrescible and nonputrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that SOLID WASTE does not include any of the following wastes:

1. Hazardous waste, as defined in the Cal. Public Resources Code § 40141;

2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with § 114960) of Part 9 of Division 104 of the Cal. Health and Safety Code); or

3. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with § 117600) of Division 104 of the Cal. Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Cal. Public Resources Code § 40195.1. Medical waste that has been treated and deemed to be SOLID WASTE shall be regulated pursuant to Division 30 of the Cal. Public Resources Code.

SOURCE REDUCTION. Efforts taken to minimize the quantity of waste generated and entering the waste stream.

SOURCE REDUCTION/RECYCLING PLAN. A written policy approved by the city describing how waste reduction and recycling is to be accomplished within a residential, commercial, industrial, institutional, governmental development or facility.

SOURCE SEPARATED. Materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in Cal. Code of Regulations Title 14, § 17402.5(b)(4). For the purposes of the chapter, SOURCE SEPARATED shall include separation of materials by the generator, property owner, property owner’s employee, property manager or property manager’s employee into different containers for the purpose of collection such that SOURCE SEPARATED materials are separated from black container waste or other solid waste for the purposes of collection and processing.

SOURCE SEPARATED GREEN CONTAINER ORGANIC WASTE. Source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding pet waste, carpets, non-compostable paper and textiles.

SOURCE SEPARATED RECYCLABLE MATERIALS. Source separated non-organic recyclables.

STATE. The State of California.

SUPERMARKET. A full-line, self-service retail store with gross annual sales of $2,000,000 or more, and which sells a line of dry grocery, canned goods or non-food items and some perishable items, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(71).

TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR. A commercial edible food generator that is either a supermarket, grocery store with a total facility size equal to or greater than 10,000 square feet, food service provider, food distributor or wholesale food vendor, or as otherwise defined in Cal. Code of Regulations Title 14, § 18982(a)(73).

TIER TWO EDIBLE FOOD GENERATOR. As defined in Cal. Code of Regulations Title 14, § 18982(a)(74), a commercial edible food generator that is either a restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet, hotel with an on-site food facility and 200 or more rooms, health facility with an on-site food facility and 100 or more beds, large venue, large event, a state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet or a local education agency facility with an on-site food facility.

WHOLESALE FOOD VENDOR. A business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination or as otherwise defined in Cal. Code of Regulations Title 14, § 189852(a)(76).

(Ord. 648, passed 4-19-2022)

The purpose of this chapter is to:

(A) Establish rules, regulations, policies and procedures for the accumulation, collection, handling, transportation, storage and disposal of from private property and public highways, streets, alleys and property, offal, debris, garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recycling materials, green waste and all other solid wastes generated within the corporate limits of the city;

(B) Protect the public health, safety and welfare of the residents and visitors to the city;

(C) Reduce the danger of fire and conflagration;

(D) Limit the sources of noise and control vermin and vectors;

(E) Prevent disease that may endanger the public health; mitigate or eliminate environmental impacts including the prevention of air pollution, prevention of water pollution, protection of the public water supply and protection of the groundwater aquifer; and

(F) To promote economies and efficiencies in the delivery of municipal services in the city.

(Ord. 648, passed 4-19-2022)

All provisions of this chapter shall be deemed to be incorporated into every solid waste service agreement, contract, franchise, license and permit issued by the city or between the city and its solid waste service customer. Each person, customer, consumer, firm, business, company, corporation, partnership, trust, association or combinations thereof shall be charged with knowledge of the provisions of this chapter and, by applying for and accepting solid waste collection, handling, transportation, storage and disposal service from the city or within the city, to have assented to the provisions of this chapter.

(Ord. 648, passed 4-19-2022)

The City Manager or his or her designees shall enforce the provisions of this chapter, and shall have the power to establish administrative policies and procedures and supplemental rules and regulations consistent within the provisions of this chapter governing the accumulation, collection, handling, transportation, storage and disposal of garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials, green waste and all other solid wastes including, but not limited to, swill, slops, animal wastes, animal byproducts, feathers, hides, fats, grease, bone, bone meal, flesh, blood, feces, night soil, manure, meat, flesh or hair.

(Ord. 648, passed 4-19-2022)

(A) Hazardous and nonhazardous substances and materials. The city reserves the right to apply the provisions and standards contained in this chapter to other hazardous and nonhazardous substances and materials which, by their nature and/or composition, in the opinion of the city, require special handling procedures, policies or regulations consistent with those applied to items specifically designated herein to adequately manage the waste stream of the city and to avoid the creation of a health hazard or nuisance and to protect the health, safety and welfare of the residents and visitors to the city.

(B) Bonds and insurance. The city reserves the right to require a permit bond, license bond, franchise bond, pollution bond, or other bond or other insurance.

(C) Certifications. The city reserves the right, at the expense of the contract agent, franchisee, licensee or permittee, to require independent certification of the integrity of any tank, vessel or vehicle used for the collection, transportation and disposing of wastes.

(Ord. 648, passed 4-19-2022)

The city reserves the right to refuse solid waste service, limit the extent of solid waste services for any function, or to refuse to provide solid waste accumulation, collection, handling, transportation, storage and disposal for a particular function of a person, applicant, consumer or customer at its sole discretion.

(Ord. 648, passed 4-19-2022)

(A) The Public Works Department shall have the authority and responsibility for solid waste services and to oversee the accumulation, collection, handling, transportation, storage and disposal of all garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials, green waste and all other solid waste including, any swill, night soil, slops, bone, blood, feces, feathers, offal, flesh or hair.

(B) To accomplish these purposes, the Public Works Department is empowered to employ persons, acquire equipment and perform all other acts necessary or incidental to the accomplishing of the above described purposes, subject to all applicable ordinances, resolutions, rules, regulations, policies and directions of the City Manager and the City Council.

(Ord. 648, passed 4-19-2022)

The Public Works Director shall administer and enforce this chapter under the direction of the City Manager and manage the city’s solid waste management system pursuant to the provisions of this chapter and pursuant to the resolutions, rules, regulations and directives issued by the City Manager or adopted by the City Council prescribing their powers and duties.

(Ord. 648, passed 4-19-2022)

All buildings, lots, places and premises in the city shall continuously be kept, by the owners, managers or occupants thereof, in a clean and sanitary condition.

(Ord. 648, passed 4-19-2022)

It is hereby declared to be a nuisance and it shall be unlawful for any owner or person to dump, use, suffer or permit to be used any building, lot or premises owned, occupied, or controlled by him or her in the city, for the throwing, dumping or depositing of garbage, refuse, rubbish, hazardous waste, household hazardous waste, construction rubbish, infectious waste, industrial liquid waste, green waste including depositing of table refuse, offal, swill, night soil, slops, animal byproducts, animal body parts, accumulation of animal, vegetable or other matter that is:

(A) Liable to become putrid; or

(B) Attends the preparation, consumption, decay, dealing in or storage of meats, fish, fowl, fruits, vegetables, animals, offal, ashes or cans.

(Ord. 648, passed 4-19-2022)

It is hereby declared to be a nuisance and it shall be unlawful for any person to cause, suffer or permit the carcass of any dead animal to remain upon any lot, premises, building or place owned, controlled, managed or occupied by him or her in the city, for a period of 24 hours, or to cause or suffer any animal, animal body part or animal byproduct liable to become putrid, to collect or be deposited upon any lot, building, premises owned, controlled, managed or occupied by him or her.

(Ord. 648, passed 4-19-2022)

It shall be unlawful for any person to accumulate, collect, handle, transport, store or place, throw, deposit, or dump any paper, cans, bottles, broken glass, ash, tree accumulations, offal, debris, refuse, trash, garbage, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial wastes, green waste or any other solid waste on public highways, streets, alleys or public property or upon any public or private property, alley, street or public grounds within the city or cause the same to be so done; except by an authorized contract agent, licensee, franchisee or permittee in accordance with this code.

(Ord. 648, passed 4-19-2022)

It shall be unlawful for any person to place or cause to be placed in any refuse receptacle or public collection container owned by the city and located upon any public street or public place any waste matter originating within or upon any private property. However, pedestrians or other persons using the said street or public place shall be permitted to deposit in said receptacle or container miscellaneous small articles of waste matter carried by them.

(Ord. 648, passed 4-19-2022)

(A) Littering. No person shall throw, deposit, leave, keep or permit to be thrown, deposited, placed, left or maintain any refuse, rubbish, garbage or other discarded or abandoned objects, articles or other litter in or upon any street, alley, sidewalk, storm drain system or business place, or upon any public or private plot of land in the city so that the same might become a pollutant, except in containers or in lawfully established solid waste facilities. The occupant or tenant or, in the absence of occupant or tenant, the owner or proprietor of any real property in the city in front of which, there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained as required for the disposal of solid waste.

(B) Depositing litter in water body. No person shall throw or deposit litter in any fountain, pool, lake, stream, river or any other body of water in a park or elsewhere within the corporate limits of the city.

(C) Property owner responsible. Every person occupying or having charge and control of property on which a prohibited disposal of waste material occurs shall cause the proper collection and disposal of the same.

(D) Public danger. No person shall dispose of a solid waste material that creates a danger to public health, safety and welfare and otherwise threatens the environment, surface waters and groundwater; therefore, any owner or occupant of property who fails to remove waste material within a reasonable time may be charged with creating a nuisance upon the property.

(Ord. 648, passed 4-19-2022)

It shall be unlawful for a person to scavenge or permit to scavenge any refuse, rubbish, construction rubbish, garbage, hazardous waste, household hazardous waste, infectious waste, industrial liquid waste, recyclable materials, green waste or any other solid waste in the city.

(Ord. 648, passed 4-19-2022)

Except for permitted burns in those areas zoned for agriculture, it shall be unlawful for any person to bury or burn any debris, refuse, rubbish, garbage, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials, green waste or any other solid waste including any swill, slop, feathers, offal, fats, grease, bone, bone meal, flesh, blood, feces, night soil, manure, meat, flesh, hair, animal body parts or animal byproducts or other substances or materials without obtaining a permit from the city. It is hereby declared to be a nuisance and it shall be unlawful for any person to burn or suffer or permit to be buried or burned, upon any premises owned, occupied or controlled by him or her in the city, any debris, refuse, rubbish, garbage, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials, green waste or any other solid waste including any swill, slop, feathers, offal, fats, grease, bone, bone meal, flesh, blood, feces, night soil, manure, meat, flesh, hair, animal body parts or animal byproducts or other substances or materials in such a manner as to cause odors or gas therefrom to taint the air and render it obnoxious, unwholesome or injurious to the health, or offensive to the senses of the inhabitants of the city.

(Ord. 648, passed 4-19-2022)

Special arrangements must be made and special permits must be issued by the county, state or federal agencies for the disposal of any of the following items: ammunition; explosives; industrial waste; chemicals; infectious waste; hazardous waste; radioactive waste; acids; drugs; medicines; human feces; unwrapped animal feces; and items which are too large for the collection equipment or which may damage the collection machinery such as large pieces of metal and machine parts.

(Ord. 648, passed 4-19-2022)

(A) Exclusive right of the city to manage and control wastes.

1. The accumulation, collection, removal, transportation, storage and disposal of offal, swill, garbage, rubbish, refuse, hazardous wastes, household hazardous wastes, infectious wastes, industrial liquid wastes, construction rubbish, recycling materials, green wastes and all other solid wastes as well as public street sweeping services, shall be managed and controlled by the city for the:

(a) Protection of the public health, safety and welfare of the residents and visitors to the city;

(b) Reduction of the danger of fire and conflagration;

(c) Limit the sources of noise and control vermin and vectors;

(d) Prevent disease that may endanger the public health; mitigate environmental impacts including the reduction of air pollution, prevention of water pollution, protection of the public water supply and protection of the groundwater aquifer; and

(e) To promote economies and efficiencies in the delivery of municipal services in the city.

2. The City Council finds that, a comprehensive city operated, regulated, managed and controlled system for the periodic accumulation, collection, removal, storage, transportation and disposal of all offal, swill, debris, garbage, rubbish, refuse, hazardous waste, household hazardous waste, infectious waste, industrial liquid waste, construction rubbish, recyclable materials, green waste and all other solid waste from all private and public property in the city is essential and benefits all occupants and owners of all premises in the city. The city reserves to itself the exclusive right to accumulate, collect, remove, transport, store and dispose of, or cause to be accumulated, collected, removed, transported, stored and disposed of, all offal, swill, debris, refuse, garbage, rubbish, hazardous waste, household hazardous waste, infectious waste, industrial liquid waste, construction rubbish, recyclable materials, green waste and all other solid waste produced or found within the corporate limits of the city. It is hereby declared to be unlawful for any person, except as provided by the City Council under a city granted contract, permit, license or franchise to accumulate, collect, remove, transport, store or dispose of offal, refuse, debris, garbage, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, industrial liquid wastes, recycling materials, green waste or any other solid waste produced or found within the city limits.

(B) Disposal sites. The city reserves the right to manage and control the city’s waste stream, including the right to direct deliveries to designated landfills, transfer stations, processing facilities, wastewater treatment facilities or other disposal sites within and outside the city.

(C) Collection categories. The City Council or City Manager may determine solid waste management collection categories, whether single-family residential, multi-family residential, industrial, institutional, governmental and may make or impose regulations and requirements in connection with the issuance of any city contract, permit, license or franchise.

(Ord. 648, passed 4-19-2022)

No person, company, corporation, firm, partnership, trust, association or organization may import or transport from sources outside the city limits any garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials or green waste or any other solid waste for commercial or industrial processing, rendering, disposing, recycling, storing, packaging or other use.

(Ord. 648, passed 4-19-2022)

No person shall provide or use an intermediate storage tank in conjunction with the handling of liquid waste without prior written approval from the city.

(Ord. 648, passed 4-19-2022)

The City Council may grant contracts, permits, franchises and licenses for the accumulation, removal, collection, handling, transportation, storage and disposal of garbage, refuse, rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, construction rubbish, recyclable materials, green waste and other solid waste within the city limits upon such terms and conditions as the City Council may from time to time determine to be in the best interest of the city, and consistent with state and federal law. No person shall accumulate, collect, handle, transport and dispose of any garbage, refuse, rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, rubbish, construction rubbish, recyclable materials, green waste or any other solid waste within the city limits without applying for and receiving all permits required by the city, state or federal governments.

(Ord. 648, passed 4-19-2022)

(A) Application. Any person desiring to obtain a contract, permit, franchise or license for the accumulation, removal, collection, handling, transportation, storage or disposal of garbage, refuse, rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, construction rubbish, recyclable materials, green waste or any other solid waste within the city shall sign and file an application with the city and pay a permit application fee established by resolution by the City Council.

(B) Information. Each application shall be filed with city and shall include, but not be limited to, the following information:

1. The name and address of the applicant;

2. The type and approximate tonnage of garbage, refuse, rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, construction rubbish, recyclable materials, green waste or any other solid waste to be collected in each of the applicable areas: single-family residential, multi-family residential, industrial, commercial, institutional and governmental units;

3. Written certification that no garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials, green waste or any other solid waste generated outside the city is going to be imported into the city for commercial or industrial processing, rendering, recycling, storing, packaging or other use;

4. Written agreement that it will pay a franchise fee of 15% or other franchise fee amount established by the City Council;

5. Written proof that the person has obtained insurance coverage as required by the City Manager or City Attorney;

6. Necessary permits from the county, state and federal agencies for the accumulation, removal, collection, transportation or disposal of such waste;

7. A source reduction and recycling plan with details and time frame for implementation on how the city contract agent, licensee, franchisee or permittee will provide the programs to its customers as required by the city and state and includes a plan to achieve the reduction or diversion of solid waste to achieve a 50% diversion rate through source reduction, recycling and composting;

8. Technical, instructional, promotional and educational programs to achieve the diversion rates required by the city and state;

9. Special solid waste programs;

10. Other information or additional financial information required by the city from the applicant, including, but not limited to, the right to audit financial records, or require a performance bond, or other suitable evidence of financial responsibility; and

11. Certified copy of the applicant’s last fiscal year financial report, audited by a certified public accountant.

(Ord. 648, passed 4-19-2022)

(A) Any person owning, managing or operating a business to accumulate, collect, remove, handle, transport, store or dispose of offal, slop, swill, debris, refuse, garbage, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious wastes, industrial liquid waste, recycling materials, green wastes or any other solid waste imported, produced or found within the city limits must obtain a business license from the city.

(B) This section also applies to any broker or collector doing business in the city or accumulating, collecting, handling, transporting or disposing of offal, slop, swill, debris refuse, garbage, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, industrial liquid waste, recyclable materials, green waste or any other solid waste within the city limits with a place of business outside the city limits.

(C) It also includes any person or broker engaged in the business of buying meat obtained from a dead animal and reselling such meat in an uncooked form or any person or any collector engaged in the business of collecting dead animals in the city whether or not their place of business is located within the city limits.

(Ord. 648, passed 4-19-2022)

It shall be unlawful for any city contract agent, licensee, franchisee, permittee or any person engaged in or carrying on the business of accumulating, collecting, removing, handling, transporting, storing and disposing of garbage, refuse, rubbish, offal, construction rubbish, recyclable materials, household hazardous wastes, hazardous wastes, infectious wastes, liquid industrial wastes, green wastes to charge any person any sum of money in excess of the prices set forth by the City Council by resolution.

(Ord. 648, passed 4-19-2022)

(A) Compliance with laws and regulations. Any person with whom the city contracts, licenses, franchises or permits to accumulate, collect, remove, handle, transport, store or dispose of garbage, refuse, rubbish, household hazardous waste, hazardous waste, infectious waste, liquid industrial waste, rubbish, construction rubbish, recyclable materials, green waste materials or any other solid waste shall accumulate, collect, handle, transport, store and dispose of all such material in strict compliance with all applicable federal, state, county, and city health and environmental laws, ordinances, rules and regulations, and under the supervision and to the satisfaction of the City Manager and City Council.

(B) Vehicle and equipment requirements for all vehicles. Vehicles used by the city contract agents, licensees, franchisees or permittees for solid waste collection shall be in safe and operable condition.

1. Vehicles shall be painted with the firm name, address and phone number on each side of the cab. The letters shall be a minimum of three inches in height and fully visible and legible at all times. The words “city” and “Livingston” shall not be used in any manner upon the identification placed on the vehicles, except as provided, nor shall an official City of Livingston telephone number or address be used.

2. No materials shall leak, fall or be spilled or discharged from any such vehicle or container attached thereto. Vehicles and conveyances must be so constructed as to be absolutely dustproof, and so arranged as not to permit dust or other matter to shift through or fall upon the streets and alleys. The contents of such conveyances must be further protected so as to prevent the same from being blown upon the streets, alleys and adjacent properties. Transport of all wet solid waste shall be in watertight containers with proper covers, so that the solid waste shall not be offensive and every such container shall be kept clean and the solid waste so loaded that none of it shall fall, drop or spill to or on the ground, sidewalk or pavement. Vehicles shall carry at least five gallons of water and be equipped with shovels, and brooms to clean up spillage. Equipment bodies shall be metal and watertight. Any discharge or spillage at a location other than an approved disposal site or processing facility shall be cleaned and appropriately disinfected prior to the vehicle driver’s departure from the site.

3. Vehicles must pass city approved inspections and meet applicable air quality and vehicle emissions standards. Truck bodies shall be closed when used to transport waste.

4. The outside of each vehicle shall be cleaned at least once a week. All vehicles shall be kept clean of splashings and waste accumulation. All vehicles shall be kept in good repair, and not leak oil or other fluids onto the surface of the ground.

5. Vehicles shall be operated in such a manner as to minimize their exterior noise levels in the city.

(C) Vehicle permits. Each vehicle required to have a permit pursuant to this chapter must pass a California Highway Patrol biannual inspection for each vehicle or other inspection approved by the Public Works Director. Proof of inspection is required to be submitted to the city twice per year. Failure to pass the vehicle inspection may result in denial or revocation of a contract, permit, license or franchise.

(D) Container maintenance. All city contract agents, licensees, franchisees and permittees shall maintain their containers to present a well kept appearance and ensure that the container area is left clean of debris and refuse after pick up or delivery. The user shall be responsible for the cleanliness of the containers and sanitary conditions of the surrounding area between services.

(E) Source reduction and recycling requirements. All city contract agents, licensees, franchisees and permittees shall comply with the solid waste source reduction and recycling provisions of this chapter and shall submit monthly reports to the city from a state or county certified weighing facility documenting the gross tonnage collected and net tonnage diverted. The city reserves the right to randomly select trucks to have weighed by a state certified facility to ensure compliance. All costs for random weight measurements will be borne by the contract agent, licensee, franchisee or permittee.

(Ord. 648, passed 4-19-2022)

Every person owning, occupying or managing a building, lot, premises or developed parcel shall subscribe to the garbage, refuse, rubbish, recyclable materials, green waste collection or other solid waste service from the city whether the owner or occupant uses the collection services or not. All such occupants are made liable for the garbage, refuse, recycling collection charges; recycling program charges; green waste collection program charges and any other charges, penalties and fines established by the City Council by resolution. Each person, owner, manager or occupant shall pay at least the minimum rate established for such services.

(Ord. 648, passed 4-19-2022)

It shall be unlawful for any person to hinder, threaten, impede, obstruct in any manner or to interfere with the accumulation, collection, removal, handling, transportation, storage or disposition of refuse, rubbish, garbage, household hazardous wastes, hazardous wastes, infectious wastes, rubbish, construction rubbish, recyclable materials, green wastes or any other solid wastes by the city or any person authorized by license, contract, permit or franchise to accumulate, collect, remove, handle, transport, store and dispose of the same.

(Ord. 648, passed 4-19-2022)

(A) Street collection service. For those parts of the city in which alley collection service is not applicable, street collection service is required for all single-family residential units:

1. Customers shall be responsible for placing garbage, refuse, rubbish, recyclable materials and green waste containers at the curb line by 5:00 a.m. on collection days at the location determined by the city. No collections at schools, churches or those portions of commercial or industrial districts adjacent to residential neighborhoods shall be made prior to 5:00 a.m. or after 6:00 p.m. Collections may be made at different hours subject to prior approval of the City Manager or City Council;

2. In all cases of dispute and complaints arising as to the place where the garbage, refuse, rubbish, recyclable materials and green waste containers shall be placed awaiting removal thereof, the Public Works Director shall forthwith designate the place for the same. The decision of the Public Works Director may be appealed to the City Manager whose decision shall be final; and

3. The lids of all containers shall be completely closed to prevent the spillage of contents during collection.

(B) Alley collection service. For those parts of the city where alley collection service is applicable, for single-family residential units:

1. Customers shall be responsible for placing garbage, refuse, rubbish, recyclable materials and green waste containers in the alley by 5:00 a.m. on collection days at the location determined by the city. No collections at schools, churches, or those portions of commercial or industrial districts adjacent to residential neighborhoods shall be made prior to 5:00 a.m. or after 6:00 p.m. Collections may be made at different hours subject to prior approval of the City Manager or City Council;

2. In all cases of dispute and complaints arising as to the place where the garbage, refuse, rubbish, recyclable materials and green waste containers shall be placed awaiting removal thereof, the Public Works Director shall forthwith designate the place for the same. The decision of the Public Works Director may be appealed to the City Manager whose decision shall be final; and

3. The lids of all containers shall be completely closed to prevent the spillage of contents during collection.

(C) Container contents city property. From the time of the placement of garbage, refuse, rubbish, recyclable materials or green waste at the curbside, property line or other designated collection locations, or in any container used for recycling materials, green waste or other solid waste provided by the city, contract agent, licensee, franchisee or permittee, said recyclable materials or other solid waste shall be and become property of the city or city authorized agent.

(D) Disabled customer.

1. The city or its contract agent shall, upon request, transport garbage containers, recyclable materials containers or green waste containers from the front of the dwelling unit to the curb or alley site described above, for individuals who qualify as being disabled customers. Disability will be determined based on an application made to the city, not by a contract agent, if any.

2. The city will provide the contract agent, if any, with an updated list of people who have been determined by the city to be disabled customers.

(E) Collection interference. No person, other than city employees, or city contract agents shall interfere in any manner with any container, or the contents thereof, nor move any such container or remove the contents thereof, from the location where the container is placed.

(F) Single-family organic waste generators. Single-family organic waste generators shall comply with the following requirements.

1. Single-family organic waste generators shall automatically subscribe to the city’s two-container collection system, as described below. The city shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust its service level for its collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, pursuant to Cal. Code of Regulations Title 14, § 18984.9(c).

2. Single-family organic waste generators shall participate in the city’s organic waste collection service(s) by placing designated materials in designated containers, and shall not place prohibited container contaminants in collection containers. A designated container shall include a two-container collection service (green container and black container).

3. The generator shall place source separated green container organic waste, including food waste, cardboard and paper, in the green container; and black container waste in the black container. Generators shall not place materials designated for the black container into the green container, and shall not place materials designated for the green container into the black container.

(Ord. 648, passed 4-19-2022)

(A) Collection frequency. The City Council shall determine the frequency of single-family residential collection service. The city or its contract agent, franchisee, licensee or permittee shall collect from residential customers at least once each calendar week, on a Monday through Friday basis.

(B) Collection times. All customers shall place the collection containers at their city designated location not later than 5:00 a.m. on the collection day, but not before 4:30 p.m. the preceding day.

(C) Empty collection containers. No empty solid waste collection container shall be allowed to remain at the curb after 8:00 p.m. on the collection day.

(Ord. 648, passed 4-19-2022)

(A) Collection containers. For all residential dwelling unit customers receiving collection, the city shall provide 90-gallon containers or 300-gallon containers at its discretion. It shall be the duty of every person in possession, charge or control of any single-family dwelling unit to obtain authorized refuse containers in sufficient number to contain all refuse accumulated during the intervals between scheduled collections.

(B) Collection container lids. The lids of all containers shall be completely closed to prevent the spillage of contents during collection. Such cans shall be kept in a sanitary condition by the owners thereof and shall at all times be secure against access of flies to the contents thereof.

(C) Collection container regulations. The following regulations shall apply to collections containers.

1. No live or hot coals, ashes or other things, which can cause a fire in a collection vehicle shall be placed in or with any solid waste or recyclable material container set out for collection. Cold ashes and coals placed for collection shall be contained in such manner as to retard their blowing and flying or being emptied into the collection vehicle.

2. No human or animal excrement shall be placed for collection by the city, except that solid animal excrement may be placed in a solid waste container if securely wrapped in paper or nonporous wrapper, or contained in a closed bottle or can.

(D) Additional containers. No additional automated cans for nonrecyclable solid waste will be permitted or allowed to be provided to the customer without prior approval from the Public Works Director.

(E) Replacement container. A customer will be provided a replacement automated container if the original container becomes unserviceable through no fault of the customer. If the automated container has been damaged by the customer, the city will provide a container upon payment by the customer.

(F) Container location disputes. In all cases of dispute and complaints arising as to the place where the garbage, refuse, rubbish, green waste containers or recycling containers shall be placed awaiting removal thereof, the Public Works Director shall forthwith designate the place for the same. The decision of the Public Works Director may be appealed to the City Manager whose decision shall be final.

(G) Container storage. No garbage, refuse, rubbish containers or designated recyclable material or green waste containers shall be stored in the front yard or side yard on a street, unless the containers are screened from public view. No containers containing garbage, refuse, rubbish, green waste, other solid waste or recyclable material shall be stored or placed for collection within a public highway, walkway, roadway or any other traveled way, except that alleys may be used for these purposes if such use does not interfere with the alley use by vehicles.

(Ord. 648, passed 4-19-2022)

(A) Collection service. For those premises receiving residential, commercial, industrial, institutional and governmental collection services, the following regulations are applicable.

1. Customers shall be responsible for placing garbage, refuse, rubbish, recyclable materials and green waste containers at the curb line by 5:00 a.m. on collection days at the location determined by the city. No collections at schools, churches or those portions of commercial or industrial districts adjacent to residential neighborhoods shall be made prior to 5:00 a.m. or after 6:00 p.m. Collections may be made at different hours subject to prior approval of the City Manager or City Council.

2. In all cases of dispute and complaints arising as to the place where the garbage, refuse, rubbish, recyclable materials and green waste bins or containers shall be placed awaiting removal thereof, the Public Works Director shall forthwith designate the place for the same. The decision of the Public Works Director may be appealed to the City Manager whose decision shall be final.

3. The lids of all containers shall be completely closed to prevent the spillage of contents during collection.

(B) Container contents city property. From the time of the placement of garbage, refuse, rubbish, recyclable materials or green waste at the curbside, property line or other designated collection locations, or in any container used for recycling materials, green waste or other solid waste provided by the city, contract agent, licensee, franchisee or permittee, said recyclable materials or other solid waste shall be and become property of the city or city authorized agent.

(C) Collection interference. No person, other than city employees, or city contract agents shall interfere in any manner with any container, or the contents thereof, nor move any such container or remove the contents thereof, from the location where the container is placed.

(D) Commercial businesses.

1. Commercial business, which includes multi-family residential dwellings, shall:

(a) Except commercial businesses that meet the self-hauler requirements in § 8-2-38 or which meet waiver requirements listed in § 8-2-34, be automatically enrolled in the city’s two-container organic waste collection services with a source separated green container organic waste service level in addition to the existing solid waste container. The commercial business’ source separated green container organic waste service level must be sufficient for the amount of source separated green container organic waste generated by the commercial business. The city shall have the right to review the number, size and location of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial business shall adjust its service level as requested by the city;

(b) Except commercial businesses that meet the self-hauler requirements in § 8-2-38 of this chapter or which meet waiver requirements listed in § 8-2-34, participate in and comply with the city two-container (green container and black container) collection service by placing designated materials in designated containers as described. The generator shall place source separated green container organic waste, including food waste, cardboard and paper, in the green container (or one labeled as for organics); and black container waste in the black container (or container labeled as such, or the container currently designated as the solid waste container). Generators shall not place materials designated for the black container into the green container, and shall not place materials designated for the green organics container into the black container;

(c) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with § 8-2-31, subdivision (D)(4)(a) and (b) below), for employees, contractors, tenants and customers, consistent with city’s green container and black container collection service;

(d) Excluding multi-family residential dwellings, where food and beverages are generated by the business and consumed onsite, provide containers to customers and employees for the collection of source separated green container organic waste, and source separated recyclable materials in all indoor and outdoor areas, if such materials are generated by the business or customers and employees. Pursuant to Cal. Code of Regulations Title 14, § 18984.9(b), the containers provided by the business shall have either:

(1) A body or lid that conforms with the container colors provided through the collection service provided by the city and pursuant to Cal. Code of Regulations Title 14, § 18984.7 for any new containers. A commercial business is not required to replace existing, functional containers, including containers purchased prior to January 1, 2022, or prior to January 1, 2036; or

(2) Container labels on any new containers purchased on or after January 1, 2022, that include language and/or graphic images indicating the primary material accepted and the primary materials prohibited in that container, pursuant to Cal. Code of Regulations Title 14, § 18984.8.

(e) Excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials to the extent practical through education, training, Inspection, and/or other measures to keep contaminants out of those containers pursuant to Cal. Code of Regulations Title 14, § 18984.9(b)(3);

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

(g) Provide education information in a tenant’s lease or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from black container waste (when applicable) and the location of containers and the rules governing their use at each property;

(h) Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with § 8-2-72 to confirm compliance with the requirements of this chapter;

(i) Accommodate and cooperate with city’s or service provider’s remote monitoring for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator’s compliance with § 8-2-5. Remote monitoring shall involve the use of cameras on top of the service provider’s trucks; or

(j) If a commercial business wants to self-haul, meet the self-hauler requirements in § 8-2-38.

2. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to Cal. Code of Regulations Title 14, § 18984.9(c).

3. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to § 8-2-35.

(Ord. 648, passed 4-19-2022)

(A) Collection frequency. The collection of garbage, refuse, rubbish, recyclable materials, green waste or other solid wastes shall be made as many times per week as the City Manager, Public Works Director or their designees may order from all multi-family residential units, industrial units, commercial units, institutional units and governmental units.

(B) Collection times. All customers shall place the collection containers at their city designated location not later than 5:00 a.m. on the collection day, but not before 4:30 p.m. the preceding day.

(C) Empty collection containers. No empty solid waste collection container shall be allowed to remain at the curb after 8:00 p.m. on the collection day.

(Ord. 648, passed 4-19-2022)

(A) Collection containers. The city shall provide an automated can, dumpster, bin or other container (ranging in size from two cubic yards to six cubic yards) approved by the Public Works Director for all multi-family residential dwelling units, industrial units, commercial units, institutional units and governmental units. It shall be the duty of every person in possession, charge or control of any multi-family residential, commercial, industrial, institutional and governmental unit to obtain authorized refuse containers in sufficient number to contain all refuse accumulated during the intervals between scheduled collections.

(B) Collection container lids. The lids of all containers shall be completely closed to prevent the spillage of contents during collection. Such cans shall be kept in a sanitary condition by the owners thereof and shall at all times be secure against access of flies to the contents thereof.

(C) Collection container regulations. The following regulations shall apply to collections containers.

1. No live or hot coals, ashes or other things, which can cause a fire in a collection vehicle shall be placed in or with any solid waste or recyclable material container set out for collection. Cold ashes and coals placed for collection shall be contained in such a manner as to retard their blowing and flying or being emptied into the collection vehicle.

2. No human or animal excrement shall be placed for collection by the city, except that solid animal excrement may be placed in a solid waste container if securely wrapped in paper or nonporous wrapper, or contained in a closed bottle or can.

(D) Container location disputes. In all cases of dispute and complaints arising as to the place where the garbage, refuse, rubbish, green waste containers or recycling containers shall be placed awaiting removal thereof, the Public Works Director shall forthwith designate the place for the same. The decision of the Public Works Director may be appealed to the City Manager whose decision shall be final.

(E) Replacement container. A customer will be provided a replacement automated container if the original container becomes unserviceable through no fault of the customer. If the automated container has been damaged by the customer, the city will provide a container upon payment by the customer.

(F) Container storage. No garbage, refuse, rubbish containers or designated recyclable material or green waste containers shall be stored in the front yard or side yard on a street, unless the containers are screened from public view. No containers containing garbage, refuse, rubbish, green waste, other solid waste or recyclable material shall be stored or placed for collection within a public highway, walkway, roadway or any other traveled way, except that alleys may be used for these purposes if such use does not interfere with the alley use by vehicles.

(Ord. 648, passed 4-19-2022)

(A) De minimis waivers.

1. The city may waive a commercial business’ obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in § 8-2-34(A)(2) below.

2. Commercial businesses requesting a de minimis waiver shall:

(a) Submit the SB 1383 compliance form specifying the services that they are requesting a waiver from and provide documentation as noted in § 8-2-34(A)2. below;

(b) Provide documentation that either:

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

(2) The commercial business’ total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a green container comprises less than ten gallons per week per applicable container of the business’ total waste.

(c) Notify the city if circumstances change such that commercial business’s organic waste exceeds the threshold required for waiver, in which case waiver will be rescinded; and

(d) Provide written verification of eligibility for de minimis waiver every five years, if the city has approved de minimis waiver.

(B) Physical space waivers.

1. The city may waive a commercial business’ or property owner’s obligations (including multi-family residential dwellings) to comply with some or all of the organic waste collection service requirements if the city has evidence from its own staff, a 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 of § 8-2-31.

2. A commercial business or property owner may request a physical space waiver through the following process:

(a) Submit the SB 1383 compliance form specifying they are requesting an organics compliance waiver;

(b) Provide documentation that the premises lacks adequate space for green containers including documentation from its hauler, licensed architect, licensed engineer or by verification after a site visit from a city enforcement official; and

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

(C) City Manager. Review and approval of waivers shall be made by the City Manager or his or her designee.

(Ord. 648, passed 4-19-2022)

(A) Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to Cal. Code of Regulations Title 14, § 18991.3.

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

(C) Commercial edible food generators shall comply with requirements pursuant to Cal. Code of Regulations Title 14, §§ 18991.3 and 18991.4, including:

1. Keep records that include the following information, or as otherwise specified in Cal. Code of Regulations Title 14, § 18991.4:

(a) A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under Cal. Code of Regulations Title 14, § 18991.3(b);

(b) A copy of all contracts or written agreements established under Cal. Code of Regulations Title 14, § 18991.3(b); and

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

(1) The name, address and contact information of the food recovery service or food recovery organization;

(2) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization;

(4) The established frequency that food will be collected or self-hauled; and

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

2. No later than April of each year commencing no later than April 2023 for tier one commercial edible food generators, and April 2025 for tier two commercial edible food generators, provide an annual food recovery report to the city that includes the information § 8-2-35(C).

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

(Ord. 648, passed 4-19-2022)

(A) Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under Cal. Code of Regulations Title 14, § 18991.3(b), shall maintain records specified by Cal. Code of Regulations Title 14, §§ 18991.5(a)(1) and 18991.5(a)(2).

(B) Food recovery organizations and food recovery services shall inform generators about state and federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under Cal. Code of Regulations Title 14, § 18991.3(b).

(C) Food recovery organizations and food recovery services that have their primary address physically located within the city and contract with or have written agreements with one or more commercial edible food generators pursuant to Cal. Code of Regulations Title 14, § 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to Cal. Code of Regulations Title 14, § 18991.3(b) no later than April of each year.

(D) Food recovery services and food recovery organizations shall provide information and consultation to the city, upon request, regarding existing or proposed, new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the city.

(Ord. 648, passed 4-19-2022)

(A) Requirements for haulers.

1. Exclusive franchise hauler, non-exclusive franchised haulers, permitted haulers and licensed haulers providing residential, commercial, or industrial organic waste collection services to generators within the city’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement or other authorization with the city to collect organic waste:

(a) Identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, and source separated green container organic waste;

(b) Transport source separated recyclable materials, and source separated green container organic waste to a facility, operation, activity, or property that recovers organic waste as defined in Cal. Code of Regulations Title 14, Division 7, Chapter 12, Article 2; and

(c) Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting construction and demolition debris in a manner that complies with Cal. Code of Regulations Title 14, § 18989.1, and this code of ordinances.

2. Exclusive franchise hauler, non-exclusive franchised haulers, permitted haulers and licensed haulers authorization to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting and other requirements contained within its franchise agreement, permit, license or other agreement entered into with the city.

(B) Requirements for facility operators and community composting operations.

1. Owners of facilities, operations and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities and publicly-owned treatment works shall, upon the city’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within 60 days.

2. Community composting operators, upon the city’s request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within 60 days.

(Ord. 648, passed 4-19-2022)

(A) Self-haulers shall source separate all recyclable materials and organic waste (materials that the city otherwise requires generators to separate for collection in the city’s organics and recycling collection program) generated on-site from solid waste in a manner consistent with Cal. Code of Regulations Title 14, §§ 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in Cal. Code of Regulations Title 14, § 18984.3.

(B) Self-haulers that are commercial businesses (including multi-family residential dwellings) 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, pursuant to Cal. Code of Regulations Title 14, § 18988.3; this record shall be subject to inspection by the city’s enforcement official.

(C) A residential organic waste generator that self-hauls organic waste is not required to record or report information.

(Ord. 648, passed 4-19-2022)

The following regulations shall apply to all new single-family, multi-family residential, commercial, industrial, institutional and governmental new construction.

(A) Builders required to provide containers. Every contractor or builder engaged in the erection of a building or a structure shall provide sufficient containers at or near such building or structure so being erected or repaired, within which construction materials shall be deposited to be removed by persons engaged in such work of erection or repair.

(B) Container cost. On all developed parcels for multi-family residential uses, commercial uses, industrial uses, institutional uses and governmental uses not currently having solid waste collection service, the applicant for a building permit shall pay to the city the cost of providing the appropriate containers and bins.

(Ord. 648, passed 4-19-2022)

Until solid wastes are collected, the owner, occupant or other person in charge of the day to day operation of each premises in the city shall be responsible for the immediate cleanup of any solid waste that is spilled, leaked, emptied, discarded or disposed of into the environment or which has otherwise come to be located outside the container. This responsibility applies as follows.

(A) Occupants. The owner, occupant or other person in charge of the day to day operation of each premises, shall immediately undertake to clean up at the point in time when a spill or release has occurred due to any circumstances, whether by human or animal interference with the container, wind or other natural forces, or residual solid waste remaining following collection or removal.

(B) Transporters. Any person accumulating, collecting or transporting solid wastes (including city crews) shall undertake immediate cleanup at the point in time when a spill or release has occurred due to the removal or transport of solid waste.

(C) City cleanup expenses. Any and all costs and expenses incurred by the city or on the city’s behalf in investigating and cleaning a spill or a release of solid waste not properly or timely cleaned up under this chapter by the owner, occupant or transporter or other responsible party, may be assessed against such responsible persons, including all administrative expenses and legal fees and costs incurred by the city in investigating and cleaning the spill or release.

(Ord. 648, passed 4-19-2022)

(A) Unauthorized use of containers and service locations.

1. No person shall deposit garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials, green waste or other solid waste in the container of another person, or set out solid waste for collection at another person’s service location, premises, building or lot.

2. No customer shall permit or consent to another person depositing garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable material, green waste or other solid waste in his or her container or setting out the above items in this section for collection at his or her service location, premises, building or lot.

(B) Temporary service locations. The city may establish temporary collection service locations where the city has knowledge of construction, demolition or other temporary obstacles that prevent the use or access to permanent service locations.

(Ord. 648, passed 4-19-2022)

Tree surgeons, professional tree trimmers and lawn and landscaping service providers shall haul away and dispose of all tree trimmings and other green waste accumulated by them to the city designated green waste recycling facility.

(Ord. 648, passed 4-19-2022)

The city, contract agent, franchisee, licensee or permittee shall have the right to enter private courts or places or other private property of single-family dwellings, multi-family dwellings or commercial, industrial, institutional or governmental units to make collections authorized under this chapter.

(Ord. 648, passed 4-19-2022)

It shall be unlawful to misrepresent a material fact in applying for solid waste services or in a service agreement. Material facts shall include the identity of the applicant as the owner of the property to be connected, and the purpose for which the solid waste service provided will be used.

(Ord. 648, passed 4-19-2022)

Customers are responsible for furnishing the city with their correct address. Failure to receive bills will not be considered a reason for nonpayment, nor permit an extension of the date at which time the account will be considered delinquent.

(Ord. 648, passed 4-19-2022)

Should a customer have an unpaid balance from a previous location, a forwarding balance will be added to the customer’s present account.

(Ord. 648, passed 4-19-2022)

Any user desiring to discontinue solid waste collection service shall notify the Finance Department. Any credit balance in favor of the user, as a result of a deposit or advance payment, shall be refunded promptly after receipt of the notice of discontinuance, except that an amount to be set by the City Council by resolution shall be retained by the Finance Department as a fee for turning off water service.

(Ord. 648, passed 4-19-2022)

(A) Charges set by resolution. Monthly customer collection charges for single-family units, multi-family units, commercial units, industrial units, institutional units and governmental units shall be set by resolution of the City Council. The City Council shall by resolution set the amount of charges, fees and assessments that include, but are not limited to, the following:

• 1. Base rate or fixed component service charge;
• 2. Service charges other than the base rate;
• 3. Late fees;
• 4. Return check fees;
• 5. Franchise fee; and

6. Penalty fee for unauthorized use of city accumulation, collection, transportation, storage and disposal services.

(B) Separate billings for collocated customers. Multi-family units, commercial units, industrial units, institutional units and governmental units occupying the same space in a building shall each be subject to the same established charges as if at separate locations as adopted by the City Council by resolution.

(C) Billing duration or period. The City Manager shall determine the duration of the billing period and may change the duration of the billing period from time to time. If the due date is a Saturday, Sunday or legal holiday, charges shall become delinquent at the close of business on the next business day after said Saturday, Sunday or legal holiday. Postmarks will not be accepted as the date the payment was received.

(D) Unified billing. Services for the accumulation, collection, handling, transporting, storage and disposal of garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials, green waste or any other solid waste shall be billed under a unified bill which includes water and sewer collection charges and other charges as the City Council designates. Where the customer does not have a city utility bill, a separate bill for garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials, green waste or any other solid waste shall be sent.

(E) Unpaid bills are liens. All unpaid accounts for the collection of garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials, green waste or any other solid waste shall be a lien against the property.

(F) Penalties and late fees. If payment is not received within the billing period that the charge is made, the Finance Department may charge late fees and penalties as determined by resolution of the City Council. A dishonored check shall not be considered payment received.

(Ord. 648, passed 4-19-2022)

There shall be no free service rendered by the city and, if any local, state or federal government, or any department, agency or instrumentality thereof, or any other public body shall desire service to be rendered by the city, it shall apply for and receive such service pursuant to the city’s ordinances, resolutions, policies, rules and regulations and shall pay for the same as established by resolution of the City Council.

(Ord. 648, passed 4-19-2022)

Any payments received by the city for the payment of utility bills shall be applied to the outstanding balances of services charges in the following order:

(A) Fines, penalties or assessments;

(B) Charges for the accumulation, collection, transporting, storage and disposal of garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials, green waste or any other solid waste;

(C) Sewer charges; and

(D) Water charges.

(Ord. 648, passed 4-19-2022)

(A) Recycling required under state law. The city must by law be in compliance with Assembly Bill 939 (California Integrated Waste Management Act of 1989) as outlined in the Cal. Public Resources Code §§ 40000 et seq. (“Act”). This law requires all cities and counties to reduce the amount of waste going to the landfill by 25% by 1995 and 50% by the year 2000. Fines of up to $10,000 per day may be levied by the state against the city for failure to meet these state mandated recycling goals. To comply with the law and reduce waste going to the landfill, it is necessary that all existing and future residential, multi-family, industrial, commercial, institutional and governmental units and facilities implement plans to reduce and recycle all solid wastes.

(B) Mandatory source reduction and recycling policies. The city has adopted mandatory source reduction and mandatory recycling policies as contained in this chapter and other policies, procedures, rules and regulations that may from time to time be issued or amended by the City Council or the City Manager.

(Ord. 648, passed 4-19-2022)

(A) Mandatory recycling. All owners and occupants of single-family residential dwelling units are required to separate garbage, recyclable materials and green waste materials and place them in appropriate city approved containers as required under this chapter so that the city can meet its state mandate of 50% solid waste diversion under Assembly Bill 939 (California Integrated Waste Management Act of 1989) as outlined in the Cal. Public Resources Code §§ 40000 et seq.

(B) Collection subscription. The owners and occupants of all single-family dwelling units shall subscribe to the city curbside refuse, garbage, rubbish and recycling collection programs within seven days of occupying their residential dwelling unit.

(C) Commingling of recyclable materials prohibited. Commingling recyclable materials in the same container as garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste or any other nonrecyclable solid waste shall be an infraction punishable by a fine or penalty set by resolution of the City Council.

(D) Source reduction and recycling education. The city will work with the owners and occupants of single-family residential units to encourage solid waste source reduction, diversion and recycling. Such city activities may include sending out notices, advertising in local publications, conducting workshops, obtaining formal commitments from residential owners, policing diversion rates, establishing penalties and taking enforcement actions for failing to comply with the solid waste reduction, diversion and recycling programs of the city.

(E) Fines and penalties. The City Council may establish fines and penalties by resolution for failure to engage in recycling or placing garbage, refuse, rubbish, construction rubbish, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials or green waste in the same container.

(Ord. 648, passed 4-19-2022)

(A) Mandatory recycling. All owners, managers and occupants of multi-family, commercial, industrial, institutional and governmental units and facilities are required to separate garbage, recyclable materials and green waste materials and place them in appropriate city approved containers as required under this chapter so that the city can meet its state mandate of 50% solid waste diversion under Assembly Bill 939 (California Integrated Waste Management Act of 1989) as outlined in the Cal. Public Resources Code §§ 40000 et seq.

(B) Collection subscription. All owners or managers of multi-family, commercial, industrial, institutional and governmental units and facilities must subscribe to the city’s garbage and recycling collection program within seven days of occupancy of their units.

(C) Container location. All owners or managers of multi-family, industrial, commercial, institutional and governmental units and facilities shall provide a location for the placement of recycling containers that are convenient for tenants and approved by the city. Containers must be on a concrete pad so that container wheels will roll and in a location that will allow collection trucks to pick up the container contents without having a city employee roll out the container from the storage area.

(D) Container contamination. It is unlawful for the owner or manager of a multi-family, industrial, commercial, institutional or governmental unit or facility, to have unrecyclable material present in any recyclable materials container or green waste container serving their complex, business, institution, organization or unit.

(E) Source reduction and recycling education. The city will work with the owners, managers of multi-family, commercial, industrial, institutional and governmental units and facilities to encourage solid waste source reduction, diversion and recycling. Such city activities may include sending out notices, advertising in local publications, conducting workshops, obtaining formal commitments from businesses and institutions to recycle, policing diversion rates, establishing fines and penalties, identifying multi-family, commercial, industrial, institutional and governmental units that fail to comply with the solid waste reduction, diversion and recycling programs of the city and taking enforcement actions.

(F) Fines and penalties. The City Council may establish fines and penalties by resolution for failure to engage in recycling or placing garbage or recyclable materials in the same container.

(Ord. 648, passed 4-19-2022)

(A) Source reduction and recycling. By a date designated by the city, all existing multi-family, commercial, industrial, institutional and governmental units and facilities as well as other developments over 5,000 square feet shall design and implement city approved source reduction/recycling plans for white paper, computer paper, glass, cans, cardboard, paper products, animal carcasses, animal byproducts and other recoverable materials as determined by the city, state or federal government.

(B) New development. All new development, new multi-family, commercial, industrial, institutional and governmental units and facility occupancies requiring city approval, and physical expansions of buildings or uses exceeding 5,000 square feet shall submit to the city a source reduction/recycling plan addressing white paper, computer paper, glass, cans, cardboard, paper products and other recoverable materials as determined by the city, state or federal government. The proposed source reduction/recycling plan shall be submitted for approval to the city at the time of filing a development application.

(C) Multi-family development common areas. Multi-family residential development of any size shall include a plan for recycling of recyclable materials and green waste in the design of common areas.

(D) Source reduction and reporting. Any licensee, franchisee, permittee or contract agent acting pursuant to this chapter or contract with the city shall provide and implement a source reduction/recycling plan for its customers to comply with state law and the programs specified in the city for source reduction and recycling plans, and submit monthly (or as otherwise determined by the city) reports to the city summarizing its progress in diverting solid waste generated by its customers in the city as required by the Cal. Public Resources Code §§ 41780 and 41821. The reports must identify the tonnage collected, tonnage recycled, tonnage composted, percent of waste recycled and/or composted, materials recycled, and the progress and programs implemented during the reporting period.

(E) Fees. The City Council may establish fees by resolution to review and approve source reduction/recycling plans.

(Ord. 648, passed 4-19-2022)

(A) Threshold for covered projects. The threshold for mandatory recycling of construction and demolition waste is as follows.

1. All construction and renovation projects within the city, the valuation of which are, or are projected to be, greater than or equal to $20,000 shall comply with this chapter. The cost of the project shall be the valuation ascribed to the project by the city’s building official or the city’s Public Works Director. In addition, all demolition projects having a total square footage of more than 1,000 shall be a covered project. Failure to comply with any of the terms of this chapter shall subject the project applicant to the full range of enforcement mechanisms as set forth in this chapter.

2. All city sponsored construction and renovation projects within the city, the costs of which are, or are projected to be, greater than or equal to $20,000 shall comply with this chapter. The cost of the project shall be the valuation ascribed to the project by the city’s building official or the city’s Public Works Director. In addition, all city sponsored demolition projects having a total square footage of more than 1,000 shall be a covered project. These city sponsored covered projects shall submit a recycling plan to the designated compliance official prior to beginning any construction activities and shall be subject to all applicable provisions of this chapter with the exception of enforcement mechanisms and penalties as set forth in this chapter.

3. Applicants for construction, demolition and renovation projects within the city whose total costs are valued at less than $20,000 shall be encouraged to divert at least 50% of all project related construction and demolition debris.

4. Compliance with the provisions of this chapter shall be listed as a condition of approval on any building or demolition permit issued for a covered project.

(B) Recycling plan application forms. Applicants for building or demolition permits involving any covered project shall complete and submit a recycling plan on a recycling plan form approved by the city for this purpose as part of the application for the building demolition permit. The completed recycling plan shall indicate all of the following:

1. The estimated volume or weight of such materials that can feasibly be diverted via reuse or recycling;

2. The maximum weight of such materials that can feasibly be diverted via reuse or recycling;

3. The vendor or facility that the applicant proposes to use to collect or receive that material; and

4. The estimated volume or weight of construction and demolition debris that will be landfilled. In estimating the volume or weight of materials identified in the recycling plan, the applicant shall use the standardized conversion rates approved by the city for this purpose.

(C) Recycling plan review.

1. Notwithstanding any other provision of this code, no building or demolition permit shall be issued for any covered project unless and until the city has approved the recycling plan. Approval shall not be required, however, where an emergency demolition is required to protect public health or safety as determined by the city.

2. If the city determines that the recycling plan is incomplete or fails to indicate that at least 50% by weight of all construction and demolition debris is generated by the project, the recycling plan shall be returned to the applicant and marked “denied” or “further explanation required”.

(D) Compliance with recycling plan. Prior to receiving a certificate of occupancy or final inspection for the project, the applicant shall submit to the city documentation that the diversion requirement for the project has been met. The diversion requirement shall be that the applicant has diverted at least 50% of the total construction or demolition debris generated by the project via reuse or recycling, unless the applicant has been granted an infeasible exemption pursuant to this chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the city for the project. This documentation shall include all of the following:

1. Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material;

2. A copy of the previously approved recycling plan for the project adding the actual volume or weight of each material diverted and landfilled; and

3. Any additional information that the applicant believes is relevant to determining its efforts to comply in good faith with this chapter.

(E) Weighing of wastes. Applicants shall make reasonable efforts to ensure that all construction and demolition debris diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all construction and demolition debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not practical due to the small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the city for this purpose.

(F) Determination of compliance. The city shall review the information submitted under the provisions of this chapter and determine whether the applicant has complied with the diversion requirement, as follows.

1. Full compliance. If the city determines that the applicant has fully complied with the diversion requirements applicable to the project, the city shall approve the recycling plan and inform the building official that a certificate of occupancy or final inspection can be issued.

2. Substantial compliance. If the city determines that the diversion requirement has not been achieved, or the city has determined on a case by case basis whether the applicant has made a good faith effort to comply with this chapter. In making this determination, the city shall consider the availability of markets for the construction and demolition debris landfilled, the size of the project, and the documented efforts of the applicant to divert construction and demolition debris. If the city determines that the applicant has made a good faith effort to comply with this chapter, the city shall approve the recycling plan and inform the building official that a certificate of occupancy or final inspection can be issued.

3. Noncompliance. If the city determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant fails to submit the documentation required by this chapter within the required time period, then the applicant shall pay a penalty in the amount calculated as 2% of the total project valuation. After payment of the penalty, the city shall inform the building official that a certificate of occupancy or final inspection can be issued.

(G) Falsification of records. If the applicant deliberately provides false or misleading data to the city in violation of this chapter, the applicant may be subject to penalties in addition to those specified in this chapter. In any civil enforcement action, administrative or judicial, the city shall be entitled to recover its attorney fees and costs from an applicant who is determined by a court of competent jurisdiction to have violated this chapter.

(H) Infeasible exemption. The following procedures will be used in applying for an infeasible exemption under this section.

1. If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time he or she submits the recycling plan required under subsection (B) of this section. The applicant shall indicate on the recycling plan the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.

2. The city shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways to meet the diversion requirement. The city may request that staff from appropriate county, state and federal agencies assist in providing information and in the review process.

3. If the city determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the recycling plan submitted by the applicant. The city shall return a copy of the recycling plan to the applicant marked “Approved For Infeasible Exemption” and shall notify the building official and the Public Works Director that the recycling plan has been approved.

4. If the city determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall have 30 days to resubmit a recycling plan form in full compliance with subsection (B) of this section. If the applicant fails to resubmit the recycling plan, or if the resubmitted recycling plan does not comply with subsection (B) of this section, the city shall deny the recycling plan in accordance with the chapter.

(I) Appeals. An appeal to the decision made by a city staff member may be made to the City Manager not longer than ten calendar days after the city staff member’s decision. The decision of the City Manager shall be final. The applicant must specifically state in notice of appeal the following:

1. The name and address of the appellant and the appellant’s interest in the decision;

2. The nature of the decision appealed and/or the conditions appealed;

3. A clear and complete statement of the reasons why, in the opinion of the appellant, the decision or the conditions imposed are unjustified or inappropriate; and

4. Specific facts of the matter in sufficient detail to notify the city. The appeal shall not be stated in generalities.

(J) Civil penalties and enforcement. If the city staff member, or upon appeal, the City Manager determines that the applicant is in noncompliance as described in this chapter, the applicant shall pay a civil penalty in the amount calculated at 2% of the total project valuation. Until the civil penalty is paid, a certificate of occupancy may be withheld by the building official. The City Attorney is authorized to bring a civil action in any court of competent jurisdiction to recover such civil penalties for the city.

(Ord. 648, passed 4-19-2022)

(A) City Council agreements to collect recyclable materials. The City Council may grant contracts, licenses, franchises, permits or enter into agreements with any person, firm or corporation for the collection, processing and marketing of recyclable materials from designated collection locations within the city limits upon such terms and conditions as the City Council may from time to time determine to be in the best interest of the city, and consistent with the provisions of state and federal law. In such event it shall be unlawful for any person, firm or corporation other than the licensed, franchised or permitted contractor to collect, process or market recyclable materials. Such contract, license, franchise, permit or agreement may be revoked at any time by the City Council at its sole discretion.

(B) Disposal of recyclable materials. Nothing in the chapter shall limit the right of an individual to donate, sell or otherwise dispose of his or her recyclable materials from his or her residential dwelling unit or shall limit the right of community nonprofit organizations (e.g., schools, churches, youth groups) to collect such donations.

(Ord. 648, passed 4-19-2022)

Nothing in this chapter shall be deemed to prohibit the removal and hauling by an unlicensed person of materials considered by the city to constitute a health menace of such nature as necessary to be promptly removed. Such removal shall be reported in writing to the City Manager and Public Works Director by the contract agent, franchisee, licensee, permittee within 24 hours of the incident.

(Ord. 648, passed 4-19-2022)

It shall be unlawful for any person to commence, expand or engage in the business of owning, operating, managing or maintaining a commercial or industrial material recovery facility or recycling station within the city unless such person has received a contract, license, franchise or permit from the City Council and complies with the provisions of this section and all other laws and regulations of the federal government, state government and city.

(A) Contract, license, franchise or permit duration. Any contract, license, franchise or permit issued by the City Council shall be for a period of no longer than one year. The City Council in its sole and unconditional discretion may renew, renew with conditions or decide not to renew the permit, license, franchise or permit each year.

(B) Licenses required. All brokers, collectors and all other persons and firms doing business with commercial and industrial recovery facilities and recycling stations must have licenses from the city.

(C) Diversion and recycling reports. Once each month or other time designated by the city and on a day to be designated by the city, every material recovery facility and recycling station located within the city shall report to the City Manager or his or her designee, the volume in tons of each of the following categories of materials which have been received by that material recovery facility or recycling station since the last report, from any source within the city:

• 1. Metal (including aluminum cans, other cans and scrap metals);
• 2. Glass (including both colored glass and clear glass);
• 3. Paper products (including, but not necessarily limited to, newspaper, cardboard and other paper products); and

4. Plastics (including California redemption value (CRV) plastics and non-California redemption value (CRV) plastics).

(D) Other reports. Once each month or other time designated by the city, and on a day to be designated by the city, every material recovery facility and recycling station within the city limits shall report to the City Manager or his or her designee, the amount in tons of the recyclable materials which, the material recovery facility or recycling station has sent out of the city to the following destinations:

1. Any landfill;

2. Any secondary recycling location (recycled scrap metal dealer, metal fabricator, paper mill and the like); and

3. Other locations including, but not limited to, any facility that has the intention of burning the recyclable materials.

(E) Transportation and cleanup. Any person engaged in such a business shall comply with the provisions of this chapter in regard to the transportation and cleanup of recyclable materials on city streets.

(F) Importation of materials or waste prohibited. Any person that commences, expands or engages in the business of owning, operating, managing or maintaining a commercial or industrial material recovery facility or recycling station shall not import to their facility for processing any materials or waste from outside the city limits.

(G) Franchise fee. The City Council hereby establishes a franchise fee of 15% of gross revenues for any person that commences, expands or engages in the business of owning, operating, managing or maintaining a commercial or industrial material recovery facility or recycling station within the city.

(H) Late fees and penalties. The City Council may establish late fees and other penalties by resolution for failure to submit the proper reports on time or the failure to submit complete reports.

(I) Legal compliance. Any person owning, operating, managing or maintaining a material recovery facility or recycling station within the city shall only operate the material recovery facility or recycling station on a parcel that has received site plan approval from the city and shall comply with all zoning, other applicable ordinances and land use regulations of the city.

(Ord. 648, passed 4-19-2022)

It shall be unlawful for any person to commence, expand or engage in the business of owning, operating, managing or maintaining any commercial or industrial facility which has a purpose engaging in any business which accumulates, collects, transports, stores or disposes of construction rubbish within the city unless such person has received a contract, license, franchise or permit from the City Council, and complies with the provisions of this section and all other laws, regulations of the federal government, state government and city.

(A) Contract, license, franchise or permit duration. Any contract, license, franchise or permit issued by the City Council shall be for a period of no longer than one year. The City Council in its sole and unconditional discretion may renew, renew with conditions or decide not to renew the permit, license, franchise or permit each year.

(B) Licenses required. All brokers, collectors and all other persons and firms doing business with commercial and industrial construction rubbish facilities must have licenses from the city.

(C) Reports. Once each month or other time designated by the city and on a day designated by the city, each such business that is located within the city shall report the construction rubbish that the business has collected within the city limits and which it has then disposed of in each of the following manners:

1. Deposited in any landfill;

2. Buried in any location other than a landfill or incinerated; and

3. Deposited at any location which has the intention of recycling the construction rubbish, including, but not limited to, any concrete plant, asphalt plant or any location which intends to reuse directly any of the materials within the construction rubbish.

(D) Transportation and cleanup. Any person engaged in such a business shall comply with the provisions of this chapter in regard to the transportation and cleanup of construction rubbish on city streets.

(E) Importation of construction rubbish prohibited. Any person that commences, expands or engages in the business of owning, operating, managing or maintaining a commercial or industrial construction rubbish waste facility shall not import to their facility for processing any construction rubbish from outside the city limits.

(F) Franchise fee. The City Council hereby establishes a franchise fee of 15% of gross revenues for any person that commences, expands or engages in the business of owning, operating, managing or maintaining a commercial or industrial construction rubbish facility within the city.

(G) Late fees and penalties. The City Council may establish late fees and other penalties by resolution for failure to submit the proper reports on time or the failure to submit complete reports.

(H) Legal compliance. Any person owning, operating, managing or maintaining a commercial facility for the purpose of accumulating, collecting, transporting or disposing of construction rubbish within the city shall only operate the facility on a parcel that has received site plan approval from the city and shall comply with all zoning, other applicable ordinances and land use regulations of the city.

(Ord. 648, passed 4-19-2022)

It shall be unlawful for any person to commence, expand or engage in the business of owning, operating, managing or maintaining any commercial or industrial facility which has as a purpose engaging in any business which accumulates, collects, removes, transports, stores or disposes of household hazardous waste within the city unless such person has received a contract, license, franchise or permit from the City Council, and complies with the provisions of this section and all other laws and regulations of the federal government, state government and the city.

(A) Contract, license, franchise or permit duration.

1. Any contract, license, franchise or permit issued by the City Council shall be for a period of no longer than one year.

2. The City Council in its sole discretion may renew, renew with conditions or decide not to renew the permit, license, franchise or permit each year.

(B) Licenses required. All brokers, collectors and all other persons and firms doing business with commercial and industrial household hazardous waste facilities must have licenses from the city.

(C) Reports. Once each month, or other time designated by the city and on a day to be designated by the city, each such business which is located within the city shall report to the City Manager or his or her designee, the volume, in tons, of the household hazardous waste which the business has collected within the city limits and which it has then disposed of in each of the following manners:

1. Deposited at any landfill;

2. Buried in any location other than a landfill or incinerated; and

3. Deposited at any location which has the intention of recycling the household hazardous waste.

(D) Transportation and cleanup. Any person engaged in such a business shall comply with the provisions of this chapter in regard to the transportation and cleanup of household hazardous waste on city streets.

(E) Importation of household hazardous waste prohibited. Any person that commences, expands or engages in the business of owning, operating, managing or maintaining a commercial or industrial household hazardous waste facility shall not import to their facility for processing any household hazardous waste from outside the city limits.

(F) Franchise fee. The City Council hereby establishes a franchise fee of 15% of gross revenues for any person that commences, expands or engages in the business of owning, operating, managing or maintaining a commercial or industrial household hazardous waste facility within the city.

(G) Late fees and penalties. The City Council may establish late fees and other penalties by resolution for failure to submit the proper reports on time or the failure to submit complete reports.

(H) Legal compliance. Any person owning, operating, managing or maintaining a commercial facility for the purpose of accumulating, collecting, transporting or disposing of household hazardous waste within the city shall only operate the facility on a parcel that has received site plan approval from the city and shall comply with all zoning, other applicable ordinances and land use regulations of the city.

(Ord. 648, passed 4-19-2022)

It shall be unlawful for any person to commence, expand and engage in the business of owning, operating, managing or maintaining any commercial or industrial facility which has as a purpose engaging in any business which accumulates, collects, transports, stores or disposes of hazardous waste within the city unless such person has received a contract, license, franchise or permit from the City Council and complies with the provisions of this section and all other laws and regulations of the federal government, state government and city.

(A) Contract, license, franchise or permit duration. Any contract, license, franchise or permit issued by the City Council shall be for a period of no longer than one year. The City Council in its sole and unconditional discretion may renew, renew with conditions or decide not to renew the permit, license, franchise or permit each year.

(B) Licenses required. All brokers, collectors and all other persons and firms doing business with commercial and industrial hazardous waste facilities must have licenses from the city.

(C) Reports. Once each month or other time designated by the city, and on a day to be designated by the city, each such business which is located within the city shall report to the City Manager or his or her designee, the volume, in tons, of the hazardous wastes which the business has collected within the city limits and which it has then disposed of in each of the following manners:

1. Deposited at any landfill;

2. Buried in any location other than a landfill or incinerated; and

3. Deposited at any location which has the intention of processing or recycling the hazardous waste, including, but not limited to, any recycling of motor oil, insecticides or other agricultural chemicals.

(D) Transportation and cleanup. Any person engaged in such a business shall comply with the provisions of this chapter in regard to the transportation and cleanup of hazardous waste on city streets.

(E) Importation of commercial and industrial hazardous waste prohibited. Any person that commences, expands or engages in the business of owning, operating, managing or maintaining a commercial or industrial hazardous waste facility shall not import to their facility for processing any hazardous waste from outside the city limits.

(F) Franchise fee. The City Council hereby establishes a franchise fee of 15% of gross revenues for any person that commences, expands or engages in the business of owning, operating, managing or maintaining a commercial or industrial hazardous waste facility within the city.

(G) Late fees and penalties. The City Council may establish late fees and other penalties by resolution for failure to submit the proper reports on time or the failure to submit complete reports.

(H) Legal compliance. Any person owning, operating, managing or maintaining a commercial facility for the purpose of accumulating, collecting, transporting or disposing of hazardous waste within the city shall only operate the facility on a parcel that has received site plan approval from the city and shall comply with all zoning, other applicable ordinances and land use regulations of the city.

(Ord. 648, passed 4-19-2022)

It shall be unlawful for any person to commence, expand or engage in the business of owning, operating, managing or maintaining any commercial or industrial facility which has as a purpose engaging in any business which accumulates, collects, transports, stores or disposes of infectious wastes or liquid industrial wastes within the city unless such person has received a contract, license, franchise or permit from the City Council and complies with the provisions of this section and all other laws and regulations of the federal government, state government and the city.

(A) Contract, license, franchise or permit duration. Any contract, license, franchise or permit issued by the City Council shall be for a period of no longer than one year. The City Council in its sole and unconditional discretion may renew, renew with conditions or decide not to renew the permit, license, franchise or permit each year.

(B) Licenses required. All brokers, collectors and all other persons and firms doing business with commercial and industrial infectious waste and liquid industrial waste facilities must have licenses from the city.

(C) Reports. Once each month or other time designated by the city, on a day to be designated by the city, each such business which is located within the city shall report to the City Manager or his or her designee, the volume, in tons, of the infectious wastes or liquid industrial wastes which the business has collected within the city limits and which it has then disposed of in each of the following manners:

1. Deposited at any landfill;

2. Buried in any location other than a landfill or incinerated; and

3. Deposited at any location which has the intention of recycling the infectious waste or liquid industrial waste, including, but not limited to, any processing or recycling of animal carcasses or animal byproducts.

(D) Records. Any person accumulating, collecting, transporting, storing and disposing of animal carcasses, animal byproducts or animal parts shall keep the following records and submit them monthly to the City Manager or his or her designee:

1. Source of all animal carcasses, animal byproducts or animal body parts;

2. Name, address and phone number of the person, firm, business or organization from which the animal carcasses, animal byproducts or animal body parts originated;

3. Name, address and phone number of the person, firm, business or organization accumulating, collecting and transporting animal carcasses, animal byproducts or animal body parts;

4. Destination of all animal carcasses, animal byproducts or animal body parts;

5. Name, address and phone number of the person, firm, business or organization to which the animal carcasses, animal byproducts or animal body parts were sent; and

6. Other information requested by the city.

(E) Transportation and cleanup. Any person engaged in such a business shall comply with the provisions of this chapter in regard to the transportation and cleanup of infectious waste and liquid industrial waste on city streets. Vehicles used shall meet the following specifications in addition to the vehicle specifications in other parts of this chapter.

1. All vehicles used for the collection and transportation of waste in a liquid form shall be equipped with a reliable tank content indicator, shall be watertight and have watertight covers on the manholes and fittings.

2. All discharge valves or gates shall be operated from the valves and gates themselves and not by controls within the cab or truck. Contents shall be discharged through a closed line without spilling or splashing and all valves shall shut tightly without difficulty. The discharge line shall be equipped with a leakproof cap which shall be fitted over the outlet pipe at all times, except when the contents of the tank are being discharged. The cap shall be securely attached to the vehicle by a chain or similar device approved by the city.

3. All pumps shall be leakproof and all lines used for pumping and cleaning of the waste disposal system shall be furnished by the contract agent, licensee, franchisee or permittee.

(F) Importation of infectious waste and liquid industrial waste prohibited. Any person that commences, expands or engages in the business of owning, operating, managing or maintaining a commercial or industrial infectious waste or liquid industrial waste facility shall not import to their facility for processing any infectious waste or liquid industrial waste from outside the city limits.

(G) Slaughtering prohibited. No person shall slaughter an animal at a rendering plant, receiving plant, tallow plant, protein reduction plant or similar facility.

(H) Processing, selling, or storing meats for human consumption. No person shall give, sell, offer for sale, process, transport or deliver to any person for human consumption meat obtained from a dead animal.

(I) Franchise fee. The City Council hereby establishes a franchise fee of 15% of gross revenues for any person that commences, expands or engages in the business of owning, operating, managing or maintaining commercial or industrial infectious waste or liquid industrial waste facilities within the city.

(J) Late fees and penalties. The City Council may establish late fees and other penalties by resolution for failure to submit the proper reports on time or the failure to submit complete reports.

(K) Legal compliance. Any person owning, operating, managing or maintaining a commercial facility for the purpose of accumulating, collecting, transporting or disposing of infectious waste or liquid industrial waste within the city shall only operate the facility on a parcel that has received site plan approval from the city and shall comply with all zoning, other applicable ordinances and land use regulations of the city.

(Ord. 648, passed 4-19-2022)

It shall be unlawful for any person to commence, expand or engage in the business of owning, operating, managing or maintaining any commercial or industrial facility which has as a purpose engaging in any business which accumulates, collects, transports, stores or disposes of green waste within the city unless such person has received a contract, license, franchise, or permit from the City Council and complies with the provisions of this section and all other laws and regulations of the federal government, state government and the city.

(A) Contract, license, franchise or permit duration. Any contract, license, franchise or permit issued by the City Council shall be for a period of no longer than one year. The City Council in its sole discretion may renew, renew with conditions or decide not to renew the permit, license, franchise or permit each year.

(B) Reports. Once each month or other time designated by the city, and on a day designated by the city, each such business which is located within the city shall report to the city, the volume, in tons, of the green waste which the business has collected within the city limits and which it has then disposed of in each of the following manners:

1. Deposited in any landfill;

2. Deposited at any location which has the intention of burning the green wastes, including, but not limited to, any cogeneration plant; and

3. Deposited in other locations, including, but not limited to, any facility which had the intention of recycling the material for reuse (including, but not limited to, reuse by any form of composting or co-composting or as fertilizer or as soil amendments).

(C) Transportation and cleanup. Any person engaged in such a business shall comply with the provisions of this chapter in regard to the transportation and cleanup of green waste on city streets.

(D) Importation of green waste prohibited. Any person that commences, expands or engages in the business of owning, operating, managing or maintaining a commercial or industrial green waste facility shall not import to their facility for processing any green waste from outside the city limits.

(E) Franchise fee. The City Council hereby establishes a franchise fee of 15% of gross revenues for any person that commences, expands or engages in the business of owning, operating, managing or maintaining a commercial or industrial green waste facility within the city.

(F) Late fees and penalties. The City Council may establish late fees and other penalties by resolution for failure to submit the proper reports on time or the failure to submit complete reports.

(G) Legal compliance. Any person owning, operating, managing or maintaining a commercial facility for the purpose of accumulating, collecting, transporting or disposing of green waste within the city shall only operate the facility on a parcel that has received site plan approval from the city and shall comply with all zoning, other and applicable ordinances and land use regulations of the city.

(Ord. 648, passed 4-19-2022)

(A) Indemnification. All city contract agents, licensees, franchisees and permittees shall indemnify and hold harmless the city and its elected officials, appointed officials, officers, employees and volunteers from any claims, suits, actions, demands, damages, losses, asserted against the city caused by the willful or negligent act or omissions, on account of the operations of the city contract agent, licensee, franchisee or permittee.

(B) Insurance.

1. The contract agent, licensee, franchisee or permittee shall provide and maintain in effect, general liability bodily injury, property damage and environmental liability insurance with limits in an amount approved by the City Manager and the City Attorney and as set forth in the city contract, license, franchise or permit granted by the City Council.

2. The city contract agent, licensee, franchisee or permittee shall have the city, its elected officials, appointed officials, officers, employees and volunteers named as additional insured under each of the aforementioned policies, and such policies shall be endorsed by the insurance carrier to require 30 days’ written notice to the city prior to any cancellation thereof.

3. The city contract agent, licensee, franchisee or permittee shall furnish to the city policy endorsements evidencing that the insurance required hereunder is in effect and such policy endorsements shall be in a form approved by the City Attorney.

(C) Performance bond. A person engaged in performing such collection services shall file a performance bond in favor of the city in the sum and form approved by the City Manager and City Attorney to guarantee the faithful performance and compliance with the terms and conditions of city ordinances and the contract between the business and the city.

(Ord. 648, passed 4-19-2022)

(A) All contract agents, franchisees, licensees and permittees shall, at all times, act as an independent contractor, and neither the contract agent, franchisee, licensee or permittee, his or her agents or employees, shall be considered agents or employees of the city.

(B) Further, the contract agent, franchisee, licensee or permittee shall have no authority to bind the city, in any manner or on any matter, whatsoever.

(Ord. 648, passed 4-19-2022)

(A) Any city contract, franchise, license or permit issued pursuant to this chapter shall not be assignable to any person whomsoever except by the written consent of the City Council.

(B) Upon a discontinuance of business by the person to whom such contract, license, franchise or permit is awarded, such license, franchise or permit shall be immediately taken up by the Public Works Director or his or her designee.

(Ord. 648, passed 4-19-2022)

(A) Grounds for revocation. A city contract, franchise, license or permit to accumulate, collect, transport, store or dispose of garbage, refuse, rubbish, hazardous waste, household hazardous waste, construction rubbish, infectious waste, liquid industrial waste, recyclable materials, green waste materials or any other solid waste materials under the provisions of this chapter may be revoked for the following reasons:

1. Violations of the provisions or the conditions of the city contract, franchise, license or permit issued by the city;

2. Violations of federal law, state law, city ordinances (including the city’s business license ordinance and zoning ordinance), federal regulations or state regulations;

3. Improper or unsanitary accumulation, collection, transportation, storage and disposal of solid waste;

4. Failure to control odors and violations of environmental regulations;

5. Failure to meet the solid waste diversion requirements of Assembly Bill 939 (California Integrated Waste Management Act of 1989) as outlined in the Cal. Public Resources Code §§ 40000 et seq.; and

6. Failure to report on time or to submit complete, accurate reports required by the city or state.

(B) Revocation procedures.

1. The Public Works Director may revoke a contract, franchise, license or permit by issuing a written order to the contract agent, franchisee, licensee or permittee. The order shall state the grounds for such revocation, and that if proof of compliance is not provided to the Public Works Director within 14 calendar days from the date of the written order, the contract, franchise, license or permit will be revoked 30 days from the date the written order was mailed.

2. The order shall be mailed by certified mail to the contract agent, franchisee, licensee or permittee. The written order shall be subject to appeal to the City Manager if the appeal is made within 14 days from the date of the written order.

3. Upon revocation of a permit, the contract agent, franchisee, licensee or permittee shall cease all services subject to the permit within 30 calendar days from the date the order is mailed by the City Manager. The City Manager may adopt regulations to implement the provisions of this section.

(Ord. 648, passed 4-19-2022)

(A) Fees.

1. In accordance with the Cal. Public Resources Code Division 30, Part 1, Chapter 1, §§ 40000 et seq., and other applicable law, the City Council by resolution may levy fees within the city for solid waste collection and management purposes, including, but not limited to, implementation of an integrated waste management plan; inspection, auditing, review and planning for solid waste, hazardous waste, household hazardous waste, infectious waste, liquid industrial waste, recyclable materials, green waste, and all other solid waste releases and spills.

2. Such fees may include, but not be limited to, fees for the costs of preparing and implementing source reduction and recycling elements; household hazardous waste elements, nondisposal facility elements and integrated waste management plans.

(B) Fee waiver. The City Council may, at its discretion, waive any franchise, permit or license fees, including, but not limited to, collectors of green waste. The City Council may exempt nonprofit charities registered with the Attorney General of the state from contract, franchise, license and permit requirements.

(Ord. 648, passed 4-19-2022)

(A) Persons applying for a permit from the city for new construction and building additions and alternations shall comply with required components of the state Green Building Standards Code, Cal. Code of Regulations Title 24, Part 11, known as CalGreen, as amended, if its project is covered by the scope of CalGreen or more stringent requirements of the city. Project applicants shall refer to the latest addition of the CalGreen Building Code requirements or other city local municipal code requirements.

(B) For projects covered by CalGreen or more stringent requirements of the city, the applicants must, as a condition of the city’s permit approval, comply with the following:

1. Where five or more multi-family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of green container materials, consistent with the two-container collection program offered by the city, or comply with provision of adequate space for multi-family and commercial premises pursuant to §§ 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the state Green Building Standards Code, Cal. Code of Regulations Title 24, Part 11 as amended provided amended requirements are more stringent than the CalGreen requirements for adequate recycling space effective January 1, 2020;

2. New commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of green container materials, consistent with the two-container collection program offered by the city, for multi-family and commercial premises pursuant to §§ 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the state Green Building Standards Code, Cal. Code of Regulations Title 24, Part 11 as amended provided amended, requirements are more stringent than the CalGreen requirements for adequate container space effective January 1, 2020; and

3. Comply with CalGreen requirements and applicable law related to management of construction and demolition debris, including diversion of organic waste in construction and demolition debris from disposal.

4. Comply with the city’s construction and demolition debris ordinance, and all written and published city policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking and/or reporting of construction and demolition debris.

(Ord. 648, passed 4-19-2022)

(A) Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check or landscape design review from the city, who are constructing a new (single-family, multi-family, public, institutional or commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with §§ 492.6(a)(3)(B) (C), (D) and (G) of the MWELO, including sections related to use of compost and mulch as delineated in this section.

(B) 1. The following compost and mulch use requirements that are part of the MWELO are now also included as requirements of this chapter.

2. Other requirements of the MWELO are in effect and can be found in Cal. Code of Regulations Title 23, Division 2, Chapter 2.7.

(C) Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in § 8-2-70(A) above shall:

1. Comply with §§ 492.6 (a)(3)(B)(C), (D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch and amendments section to include the following:

(a) For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top six inches of soil are exempt from adding compost and tilling;

(b) For landscape installations, a minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to 5% of the landscape area may be left without mulch. The designated insect habitat must be included in the landscape design plan as such; and

(c) Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

2. The MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in § 8-2-70-(A) shall consult the full MWELO for all requirements.

(D) If, after the adoption of this chapter, the state Department of Water Resources, or its successor agency, amends Cal. Code of Regulations Title 23, Division 2, Chapter 2.7, §§ 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO September 15, 2015 requirements in a manner that requires city to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of Cal. Code of Regulations Title 23, Division 2, Chapter 2.7, shall be enforced.

(Ord. 648, passed 4-19-2022)

City departments, and direct service providers to the city, as applicable, must comply with the city’s recovered organic waste product procurement policy and recycled-content paper procurement policy.

(Ord. 648, passed 4-19-2022)

(A) City representatives and/or its designated entity, including designees are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads or transfer, processing or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter. This section does not allow the city to enter the interior of a private residential property for inspection.

(B) Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city’s employee or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records or any other requirement of this chapter described herein. Failure to provide or arrange for:

1. Access to an entity’s premises; or

2. Access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.

(C) Any records obtained by the city during its inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Cal. Gov’t Code § 6250 et seq.

(D) City representatives, its designated entity and/or designee are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

(E) The city shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints.

(Ord. 648, passed 4-19-2022)

(A) Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by a city enforcement official or representative. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine pursuant to Chapter 18 of Title 1 of this code of ordinances. The city’s procedures on imposition of administrative fines pursuant to Chapter 18 of Title 1 of this code of ordinances shall govern the imposition, enforcement, collection and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.

(B) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The city may pursue civil actions in the state courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.

(C) Enforcement pursuant to this chapter may be undertaken by the city’s enforcement official, which may be the City Manager or his or her designee, legal counsel or combination thereof.

(D) Process for enforcement shall be as follows.

1. A city enforcement official will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints and an inspection program. Section 8-2-72 establishes city’s right to conduct inspections and investigations.

2. The city may issue an official notification to notify regulated entities of its obligations under the chapter.

3. For incidences of prohibited container contaminants found in containers, the city or its designee will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within three days after determining that a violation has occurred. If the city observes prohibited container contaminants in a generator’s containers on more than two consecutive occasion(s), the city may assess contamination processing fees or contamination penalties on the generator.

4. With the exception of violations of generator contamination of container contents addressed under § 8-2-73(D)(3) the city shall issue a notice of violation requiring compliance within 60 days of issuance of the notice.

5. Absent compliance by the respondent within the deadline set forth in the notice of violation, the city shall commence an action to impose penalties, via an administrative citation and fine pursuant to Chapter 18 of Title 1 of this code of ordinances. Notices shall be sent to the owner at the official address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.

(E) The following factors shall be used to determine the amount of the penalty for each violation, further described in § 8-2-75, within the appropriate penalty amount range:

• 1. The nature, circumstances and severity of the violation(s);
• 2. The violator’s ability to pay;
• 3. The willfulness of the violator’s misconduct;
• 4. Whether the violator took measures to avoid or mitigate violations of this chapter;
• 5. Evidence of any economic benefit resulting from the violation(s);
• 6. The deterrent effect of the penalty on the violator; and
• 7. Whether the violation(s) were due to conditions outside the control of the violator.

(F) The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

1. Acts of God, such as earthquakes, wildfires, flooding and other emergencies or natural disasters;

2. Delays in obtaining discretionary permits or other government agency approvals; or

3. Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CALRecycle pursuant to Cal. Code of Regulations Title 14, § 18996.2, due to those deficiencies.

(G) Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with city’s procedures in the city’s codes for appeals pursuant to Chapter 18 of Title 1 of this code of ordinances. Evidence may be presented at the hearing. The city will appoint a hearing officer who shall conduct the hearing and issue a final written order.

(H) Beginning January 1, 2022 and through December 31, 2023, the city will conduct inspections, route reviews or waste evaluations and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the city determines that organic waste generator, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

(I) Beginning January 1, 2024, if the city determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section as needed.

(Ord. 648, passed 4-19-2022)

(A) If any section, subsection, sentence, clause, phrase or word of this chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this chapter.

(B) The City Council hereby declares that it would have passed this chapter and each and every section, subsection, sentence, clause, phrase and word not declared invalid or unconstitutional without regard to whether any other portion of this chapter or application thereof would be subsequently declared invalid or unconstitutional.

(Ord. 648, passed 4-19-2022)

The penalty levels for violation of this chapter, pursuant to § 8-2-73, are as follows.

(A) For a first violation, the amount of the base penalty shall be $100 per violation.

(B) For a second violation, the amount of the base penalty shall be $200 per violation.

(C) For a third or subsequent violation, the amount of the base penalty shall be $500 per violation.

(Ord. 648, passed 4-19-2022)