Long Beach Municipal Code Ch. 8.60 Solid Waste, Recycling and Litter Prevention and Mandatory Organic Waste…

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Editor's note— Section 1 of ORD-21-0040 amended the title of Ch. 8.60 as herein set out. Formerly entitled "Solid Waste, Recycling and Litter Prevention."

State Law reference— Provisions authorizing cities to contract for garbage and rubbish disposal and to prescribe terms for such services, Pub. Res. C. § 49300.

Note— Prior ordinance history: Ord. C-5320; Ord. C-5401; Ord. C-5444; Ord. C-5533.

For the purpose of this Chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this Section are defined as follows:

A. "Account" means any property owner or occupant of any dwelling unit, dwelling, building, premises, lot or parcel designated for City solid waste collection services by the Director of Public Works.

B. "Apartment" means each dwelling unit in a multiple-family dwelling containing three (3) or more dwelling units. Three (3) or more dwelling units constructed as separate buildings but located on a common lot or parcel shall be considered as apartments for the purpose of this Chapter.

C. "Automated collection" means solid waste collection service using a receptacle (cart) which requires limited or no manual moving and no manual lifting by City personnel or their designee.

D. "Building construction refuse" means waste material resulting from the construction, remodeling, repair and demolition operations on houses, commercial buildings, other structures, and any surrounding grounds.

E. "CalRecycle" means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing all recycling and waste diversion regulations, including SB 1383 Regulations on Cities (and others).

F. "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

G. "Cart" means a receptacle of one hundred one (101) gallons or less provided by the City or its designee for the automated or semi-automated collection of refuse, recycling or organics.

H. "City" means the City of Long Beach, a municipal corporation.

I. "City Enforcement Official" means the City Manager, or their authorized Designee(s) who is/are partially or whole responsible for enforcing the ordinance.

J. "Commercial bin(s)" means receptacles with a capacity greater than one hundred one (101) gallons that require minimal manual moving but no manual lifting.

K. "Commercial Business" or "Commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance.

L. "Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Sections 3(SSSS) and 3(TTTT) of this ordinance [8.60.010.SSSS and TTTT] or as otherwise defined in 14 CCR Sections 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 14 CCR Section 18982(a)(7).

M. "Commercial service" means solid waste collection services provided by City crews or its designee for nonresidential or mixed use accounts.

N. "Community Composting" means 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 one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

O. "Compliance Review" means a review of records by a City to determine compliance with this ordinance.

P. "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, 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.

Q. "Compostable Plastics" or "Compostable Plastic" means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Sections 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

R. "Container Contamination" or "Contaminated Container" means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

S. "C&D" means construction and demolition debris.

T. "Daily charge" means the daily cost to each classification of dwelling unit or commercial unit as prescribed by the rate schedule applicable to that service.

U. "Designated Source-Separated Organic Waste Facility" as defined in 14 CCR Section 18982(14.5), means a Solid Waste facility that accepts a Source Separated Organic Waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one of the following:

1. The facility is a "transfer/processor," as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average Source Separated organic content Recovery rate of fifty percent (50%) between January 1, 2022 and December 31, 2024 and seventy-five percent (75%) on and after January 1, 2025 as calculated pursuant to 14 CCR Section 18815.5(f) for Organic Waste received from the Source Separated Organic Waste collection stream.

a. If a transfer/processor has an annual average Source Separated organic content Recovery rate lower than the rate required in Paragraph 1 of this definition for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a "Designated Source Separated Organic Waste Facility".

2. The facility is a "composting operation" or "composting facility" as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is Organic Waste is less than the percent specified in 14 CCR Sections 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5.

a. If the percent of the material removed for landfill disposal that is Organic Waste is more than the percent specified in 14 CCR Sections 17409.5.8(c)(2) or 17409.5.8(c)(3), for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a "Designated Source Separated Organic Waste Facility." For the purposes of this ordinance, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49). Guidance: The reporting periods identified in the above Section 3(l)(2)(A) are consistent with reporting that facilities must submit to CalRecycle under RDRS regulations and not reporting to be submitted under this ordinance.

V. "Designee" means an entity that a City contracts with or otherwise arranges to carry out any of the City's responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.

W. "Director of Public Works" means the Director or such other person designated by the City Manager to direct refuse, recycling, and organics operations or their designee.

X. "Duplex" means any dwelling containing only two (2) dwelling units. Two (2) dwelling units constructed as separate buildings located on a common lot or parcel shall be considered as duplex units for the purpose of this Chapter.

Y. "Dwelling" means any building, including one-family, two-family, and multiple-family dwellings, designed or used for residential occupancy by one (1) or more persons.

Z. "Dwelling unit" means one (1) or more rooms designed as a unit of occupancy as separate living quarters. No single dwelling unit may contain more than one (1) kitchen. Any self-contained area with more than one (1) room, an independent exterior exit, combined with a bathtub or shower and a sink shall also be considered a dwelling unit.

AA. "Edible Food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.

BB. "Enforcement Action" means an action of the City to address non-compliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

CC. "Excluded Waste" means 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 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 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 Sections 41500 and 41802 of the California Public Resources Code. 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 City or its Designee for collection services.

DD. "Food Distributor" means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

EE. "Food Facility" has the same meaning as in Section 113789 of the Health and Safety Code.

FF. "Food Recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

GG. "Food Recovery Organization" means 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 14 CCR Section 18982(a)(25), including, but not limited to:

1. A food bank as defined in Section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and

3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

HH. "Food Recovery Service" means 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 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

II. "Food Scraps" means 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.

JJ. "Food Service Provider" means 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 14 CCR Section 18982(a)(27).

KK. "Food-Soiled Paper" is compostable paper material that has come in contact with food or liquid.

LL. "Grocery Store" means 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 14 CCR Section 18982(a)(30).

MM. "Hauler Route" means the designated itinerary or sequence of stops for each segment of the City's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

NN. "High Diversion Organic Waste Processing Facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of fifty percent (50%) between January 1, 2022 and December 31, 2024, and seventy-five percent (75%) after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the "Mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

OO. "Improved alley" means a public or private way that is twenty feet (20') or less in width which is paved and which the Director of Public Works has determined may be safely negotiated by solid waste collection vehicles.

PP. "Incidental waste" means up to one (1) cubic foot of refuse which is deposited at a location other than the business, residence or premises where generated.

QQ. "Inspection" means a site visit where City reviews records, containers, and an entity's collection, handling, recycling, or disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35).

RR. "Large Event" means an event, including, but not limited to, a sporting event or a flea market, that may or may not charge an admission price, or is operated by a local agency, and serves an average of more than two thousand (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. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance.

SS. "Large Venue" means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one (1) Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance.

TT. "Litter receptacle" means any receptacle serviced by the City or designee that is placed on public property for incidental refuse, refuse or recycling generated as part of the routine use of public facilities.

UU. "Local Education Agency" means 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 14 CCR Section 18982(a)(40).

VV. "Manual collection" means solid waste collection service using a receptacle which requires manual moving and manual lifting by City personnel or its designee.

WW. "Mixed use" means a building, structure or premises occupied by or used by two (2) or more principal types of use, including but not limited to residential and commercial uses.

XX. "Mixed Waste Organic Collection Stream" or "Mixed Waste" means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as otherwise defined in 14 CCR Section 17402(a)(11.5).

YY. "Multi-Family Residential Dwelling" or "Multi-Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.

ZZ. "MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), LBMC Sections 21.42.035 and 21.42.060, as may be amended and updated by 23 CCR, Division 2, Chapter 2.7.

AAA. "Non-Compostable Paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

BBB. "Non-Local Entity" means entities that are not subject to the City's enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42), including but not limited to federal facilities, including military installations, located within the boundaries of the City, including the Veterans Administration; and public universities (including community colleges) located within the boundaries of the City, including California State University Long Beach and Long Beach City College.

CCC. "Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined by the City.

DDD. "Notice of Violation (NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

EEE. "Offal" means dead animals, parts of animals, animal byproducts and cooking grease.

FFF. "Organic Waste" means 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 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). This definition should not be referred to for purposes of determining what may be placed in a Source-Separated Organic Waste Container.

GGG. "Organics Waste Container" means any receptacle(s) provided by the City or authorized agent(s) for the storage and collection of Source-Separated Organic Waste.

HHH. "Organic Waste Generator" means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

III. "Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

JJJ. "Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

KKK. "Prohibited Container Contaminants" mean:

1. Three-container or three-plus-container collection service: "Prohibited Container Contaminants" means the following: (i) discarded materials placed in the Source Separated Recycling Container that are not identified as acceptable Source Separated Recyclable Materials for the City's Container; (ii) discarded materials placed in the Source-Separated Organics Container that are not identified as acceptable Source Separated Organic Waste for the City's Container; (iii) discarded materials placed in the Refuse Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Organic Wastes to be placed in City's Container(s); and, (iv) Excluded Waste placed in any container.

2. Two-container collection service for Source Separated Organic Waste and mixed materials: "Prohibited Container Contaminants" means the following: (i) discarded materials placed in a Source-Separated Organic Waste Container that are not identified as acceptable Source Separated Organic Waste for the City's Container; (ii) discarded materials placed in the Refuse Container that are identified as acceptable Source Separated Organic Waste, which are to be separately collected in City's Organic Waste Container; and, (iii) Excluded Waste placed in any container.

3. Two-container collection service for Source Separated Recyclable Materials and mixed materials: "Prohibited Container Contaminants" means the following: (i) discarded materials placed in a Source-Separated Recyclable Container that are not identified as acceptable Source Separated Recyclable Materials for City's Container; (ii) discarded materials placed in the Refuse Container that are identified as acceptable Source Separated Recyclable Materials, which are to be separately collected in City's Container; and, (iii) Excluded Waste placed in any container.

4. One-container collection service: "Prohibited Container Contaminants" means Excluded Waste placed in any container.

LLL. "Receptacle" means any container approved by the Director of Public Works or designee for removing and conveying refuse, recyclable or organic materials.

MMM. "Recovered Organic Waste Products" means products made from California, landfill/incineration-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

NNN. "Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

OOO. "Recyclables" means materials designated by the Director of Public Works for source separation, collection and recycling pursuant to the California Integrated Waste Management Act of 1989 (AB 939).

PPP. "Recycled-Content Paper" means Paper Products and Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

QQQ. "Recycling bins" means any receptacle(s) provided by the City or an authorized agent for the source separation and collection of recyclable materials which are designated by the Director of Public Works.

RRR. "Recycling service" means the collection, processing and marketing of materials designated by the City or its agent from accounts designated by the Director of Public Works.

SSS. "Refuse" means all noninfectious and nonhazardous material accumulating or resulting from the use, pre-occupancy or occupancy of buildings, premises, dwellings, lots or parcels.

TTT. "Refuse Container" means a container used for the storage and collection of Refuse.

UUU. "Refuse Container Waste" means all noninfectious and nonhazardous material accumulating or resulting from the use, pre-occupancy or occupancy of buildings, dwellings, lots or parcels, not including Recyclables or Organic Waste.

VVV. "Refuse not collected by the City" includes material not compatible with the City's Southeast Resource Recovery Facility (SERRF) operation and/or materials designated by the Director of Public Works. This includes but is not limited to: infectious waste, hazardous waste, noncombustible construction/demolition debris, large metal items, lead acid batteries, other noncombustible materials, materials from industrial and manufacturing processes, food processing wastes or large quantities of condemned food products, explosives, liquids, offal and any substances such that exposure to them may pose a threat to human health or the environment.

WWW. "Regional Agency" means regional agency as defined in Public Resources Code Section 40181.

XXX. "Regional or County Agency Enforcement Official" means a regional or county agency enforcement official, designated by the City with responsibility for enforcing the ordinance in conjunction or consultation with City Enforcement Official.

YYY. "Remote Monitoring" means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.

ZZZ. "Renewable Gas" means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

AAAA. "Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

BBBB. "Roll-out service" means the movement by City personnel or its agent of any refuse, organics or recycling receptacle which is not immediately adjacent to public streets or alleys.

CCCC. "Route Review" means 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 14 CCR Section 18982(a)(65).

DDDD. "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the 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.

EEEE. "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

FFFF. "Self-Hauler" means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 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 14 CCR Section 18982(a)(66)(A).

GGGG. "Semi-automated collection" means collection service using a cart which may require manual moving but no manual lifting by City personnel.

HHHH. "Single-Family" means of, from, or pertaining to any residential premises with fewer than five (5) units.

IIII. "Single-family dwelling" means any dwelling containing only one (1) dwelling unit located on a single lot or parcel.

JJJJ. "Solid Waste" has the same meaning as defined in State Public Resources Code Section 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 State Public Resources Code Section 40141.

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

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

KKKK. "Source separated" means 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 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, 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 Refuse Container Waste/Mixed Waste or other Solid Waste for the purposes of collection and processing.

LLLL. "Source-Separated Recycling Container" means any receptacle(s) provided by the City or its designee for the storage and collection of Source-Separated Recyclable Materials which are designated by the Director of Public Works.

MMMM. "Source Separated Recyclable Container Organic Waste" means Source Separated Organic Wastes that can be placed in a Recyclable Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables, such as Paper Products and Printing and Writing Paper, as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).

NNNN. "Source Separated Green Container Organic Waste" means 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 Source Separated Recyclable Container Organic Waste, carpets, Non-Compostable Paper, and textiles.

OOOO. "Source Separated Recyclable Materials" means Source Separated Non-Organic Recyclables and Source Separated Recyclable Container Organic Waste.

PPPP. "State" means the State of California.

QQQQ. "Street sweeping debris" means material collected by City street sweeping vehicles or like mechanisms.

RRRR. "Sufficient capacity" means able to contain all the refuse, recyclables, and organics in a manner which prevents such material from dropping on the ground, being blown from the container, or otherwise causing a nuisance.

SSSS. "Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000) or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

TTTT. "Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following:

1. Supermarket.

2. Grocery Store with a total facility size equal to or greater than ten thousand (10,000) square feet.

3. Food Service Provider.

4. Food Distributor.

5. Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance.

UUUU. "Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following:

1. Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.

2. Hotel with an on-site Food Facility and two hundred (200) or more rooms.

3. Health facility with an on-site Food Facility and one hundred (100) or more beds.

4. Large Venue.

5. Large Event.

6. A State agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.

7. A Local Education Agency facility with an on-site Food Facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance.

VVVV. "Uncontainerized Green Waste and Yard Waste Collection Service" or "Uncontainerized Service" means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator's house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section 189852(a)(75).

WWWW. "Unimproved alley" means any public or private way which is twenty feet (20') or less in width and is not paved or which the Director of Public Works has determined cannot be safely negotiated by refuse, recycling, or organics collection vehicles.

XXXX. "Use" means the purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or building is or may be occupied or maintained. Use also means the activity conducted on the land or in the building.

YYYY. "Waste" means nonhazardous, noninfectious materials generated from the occupancy or pre-occupancy of a dwelling, commercial building lot or parcel including but not limited to organic and inert solid, semi-solid and liquid waste.

ZZZZ. "Wholesale Food Vendor" means 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 14 CCR Section 189852(a)(76).

(ORD-21-0040 § 2, 2021; Ord. C-7601 § 23, 1999; Ord. C-7330 § 1, 1995: Ord. C-7057 § 1, 1992: C-5595 § 1 (part), 1980: prior code § 5220)

A. All property owners or occupants utilizing solid waste receptacles shall have the number of receptacles or bins with sufficient capacity necessary to contain their solid waste in compliance with City ordinances and the Health and Safety Code.

B. It shall be the duty of every account to provide, maintain and use receptacles for solid waste collection service in accordance with the type, quantity and conditions set forth in Sections 8.60.020 through 8.60.370 in the manner provided by this Chapter. The terms of Sections 8.60.020 through 8.60.070 shall not apply to any tenant occupying any real estate in the City, the owner of which provides and maintains, as prescribed in this Chapter, receptacles for holding waste, or who provides and maintains, in accordance with the terms of this Chapter, a solid waste collection service with a solid waste enterprise licensed and permitted to remove or convey waste within the City.

C. Property owners or occupants utilizing plastic trash bags for refuse collection only, must do so in accordance with Subsection 8.60.025.D and shall store such bags, when in use and when filled, in a sanitary manner so as to minimize odor and vector problems.

D. Any account in the City will be advised in writing by the Director of Public Works to increase their levels of service by obtaining additional receptacles or arranging for more frequent collection. If the Director of Public Works determines that overflowing or otherwise non-contained solid waste continues to create a nuisance or a threat to public health or safety after written notification to the account, or to the property owner and occupant, the Director shall either provide sufficient containers and collection and bill the account in accord with the schedule of fees adopted by the City Council, or refer the matter to the appropriate City department for further action.

E. City-serviced accounts designated by the Director of Public Works for automated or semi-automated collection shall only use solid waste carts and bins obtained from the City. Carts and bins shall be provided and repaired or replaced by the City. Carts, bins and their components so furnished shall remain the property of the City.

F. Account holders as shown in the City's utility billing records shall have the option of requesting additional carts or bins or exchanging the carts for a different size based on available City inventory. Carts shall not be exchanged more than once every six (6) months. Exchange fees shall be established in accordance with Section 8.60.190.

G. Each refuse transportation permit holder shall be responsible to comply with each requirement set forth in Subsections 8.60.020.A through 8.60.020.D and 8.60.370.C of this Chapter for each account or property it services within the City. Failure to comply with these requirements shall be a violation of the terms and conditions of the refuse transportation permit as set forth in Section 8.60.088.

(ORD-21-0040 § 3, 2021; Ord. C-7601 § 2, 1999: Ord. C-7057 § 2, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.1(a))

All solid waste receptacles utilized within the City for removing and conveying waste shall be acceptable to the Director of Public Works and shall conform to the following specifications:

A. City-serviced accounts designated by the Director of Public Works for automated or semi-automated collection shall:

1. Only use carts and bins provided by the City or its agent;

2. Fill each cart so that its weight when loaded does not exceed two hundred fifty (250) pounds and so that the lid is fully closed when placed for collection.

B. City-serviced accounts designated by the Director of Public Works for commercial service shall:

1. Utilize carts or bins provided by the City or provide, utilize and maintain commercial bins that meet specifications set by the Director of Public Works. For the purposes of this Chapter, the volume of a standard two cubic yard commercial bin shall be equal to five (5) one hundred (100) gallon carts;

2. Utilize structurally sound, watertight receptacles;

3. Have four (4) operative wheels that allow for a one-person movement of the receptacle when loaded;

4. Have sufficient drainage or a plug utilized for drainage;

5. Utilize a lid that prevents contents from escaping;

6. Plainly and visibly display the service location address on each commercial receptacle. Characters shall be at least four inches (4") high;

7. Plainly and visibly display signage banning the illegal disposal of hazardous, infectious and liquid waste;

8. Utilize containers that weigh not more than one thousand two hundred fifty (1,250) pounds when loaded;

9. Stow all waste in a manner that will prevent contents escaping therefrom;

10. Stow all waste in appropriate receptacle in a manner that rain will not increase a receptacle's weight beyond capacity;

11. Clean the inside and outside of receptacles as necessary to maintain sanitary conditions and keep receptacles free of graffiti; and

12. Comply with all color and label requirements as stated in 8.60.370.4.

C. City-serviced accounts designated by the Director of Public Works for manual collection shall:

1. Utilize receptacles made of waterproof material, the interior of which shall be smooth with no projections;

2. Have a diameter not less than eighteen inches (18") nor greater than twenty-four inches (24"), the top diameter of which shall in no case be less than any diameter below the top with nothing attached to the exterior other than acceptable handles;

3. Utilize a removable waterproof cover or lid to prevent rain from increasing a receptacle's loaded weight beyond capacity;

4. Stow all waste in a manner that prevents contents escaping therefrom;

5. Utilize receptacles that have a capacity not less than thirty (30) nor more than fifty (50) gallons, weighing not more than twenty (20) pounds when empty nor more than sixty (60) pounds when loaded; and

6. Comply with all color and label requirements as stated in 8.60.370.4.

D. Heavy-duty double-strength plastic bags are acceptable for refuse collection only with the following restrictions:

1. Bags shall be securely tied;

2. Bags shall not contain sharp objects such as branches, sticks, glass, etc., which may cause the bag to puncture or cause injury to collection personnel;

3. Bags shall not contain refuse weighing more than twenty-five (25) pounds;

4. Property owners or occupants with manual collection are required to utilize a minimum of one (1) standard refuse receptacle per account specified under Subsection 8.60.025.C of this Section to hold refuse not acceptable in plastic bags;

5. Property owners or occupants shall be responsible for the condition of all plastic bags used and the materials contained therein until the bag(s) and contents have been conveyed by the City or private refuse crews;

6. Property owners or occupants with automated/semi-automated and commercial bin collection service shall place all plastic bags inside the cart(s) or commercial bin(s); and

7. Approved bags may be utilized for Organics collection if permitted by the hauler or the City. Check list of accepted materials from the City or Private Hauler prior to use.

E. All waste receptacles must have watertight lids to prevent the breeding of vectors and to contain debris and litter. Such lid shall remain closed and fit tightly over the receptacle at all times and shall be easily and quickly opened but the same shall not be opened except when necessary to place waste in such receptacle or to remove waste therefrom.

F. Receptacles that do not comply with the specifications and requirements as stipulated in the above Subsections shall be noticed and will be considered as refuse and removed as refuse if they do not comply by the next regular collection day. Receptacles and their contents so removed shall be subject to special service fees pursuant to Section 8.60.190.

G. Solid waste enterprises, recyclers and any contractor collecting, removing or conveying waste shall comply with the requirements of Subsections 8.60.025.A through 8.60.025.E according to the type of service they provide. In addition to these requirements and those set forth in Sections 8.60.087 and 8.60.370, solid waste enterprises, recyclers and any contractor collecting, removing or conveying waste shall:

1. Plainly and visibly display the name and operational phone number of the business providing service on all receptacles. Characters are to be at least four inches (4") high;

2. Plainly and visibly display signage banning the stowing of hazardous, infectious and liquid waste on the receptacle(s);

3. Plainly and visibly display what material is allowed and not allowed in the receptacle per the requirements of Section 8.60.370;

4. Keep waste receptacles graffiti-free at all times; and

5. Utilize receptacles approved by the Director of Public Works.

(ORD-21-0040 § 4, 2021; Ord. C-7601 § 3, 1999: Ord. C-7330 § 2, 1995; Ord. C-7057 § 3, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.1(b))

A. Property owners or occupants provided with refuse and/or recycling receptacles by the City shall:

1. Not paint, mark or deface the receptacles in any way;

2. Report damaged, lost or stolen receptacles to the Department of Public Works within seventy-two (72) hours of notice of occurrence;

3. Be charged for the repair or replacement of receptacles if damaged, lost or stolen because of property owner or occupant negligence. A replacement fee will be charged to the account according to Section 8.60.190;

4. Clean the inside and outside of the receptacle(s) as necessary to maintain sanitary conditions and keep receptacle(s) free from graffiti;

5. Mark the street address of the account serviced on all receptacles supplied by the City within the space provided.

(Ord. C-7601 § 4, 1999: Ord. C-7057 § 20, 1992)

A. Property owners or occupants with automated or semi-automated and commercial collection service shall place all tree limbs, shrubs, trimmings, grass clippings and other items of a similar nature inside the receptacle in such a manner that items do not protrude from the receptacle.

B. Property owners or occupants in areas designated by the Director of Public Works for manual collection shall tie all tree limbs, shrubs, trimmings and other green waste of a similar nature in compact bundles for disposal. Such bundles shall not exceed four feet (4') in length nor forty (40) pounds in weight and need not be placed in a container.

(Ord. C-7601 § 5, 1999: Ord. C-7057 § 4, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.1(c))

A. Material likely to become airborne upon disposal shall be securely wrapped. This includes, but is not limited to: ashes or dust from vacuum cleaners, barbecues, fireplaces, litter boxes, sawdust and garbage.

B. Accounts requiring special pickup service for bulky items which require special handling such as tires, large appliances and furniture shall contact the Department of Public Works refuse collection service to arrange for pickup prior to placing such items out for collection. Charges for such service shall be implemented and collectable pursuant to Sections 8.60.190 and 8.60.200 of this Municipal Code.

C. No material other than Municipal solid waste shall be placed in any refuse receptacle within the City. The Director of Public Works is authorized to place additional limits on types and quantities of waste which may be placed in City-serviced refuse receptacles when the Director determines that such a restriction is necessary to protect the health and safety of City employees or the general public, or to comply with State or Federal laws or regulations.

D. Refuse not collected by the City shall be removed, conveyed and properly disposed of at a properly licensed disposal site by a solid waste enterprise licensed and permitted to remove or convey such materials in the City, pursuant to all applicable laws and regulations and the provisions of this Chapter.

(Ord. C-7601 § 6, 1999: Ord. C-7057 § 5, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.1(d))

Property owners or occupants with automated or semi-automated and commercial collection shall place all Solid Waste in the carts provided by the City or commercial bins approved by the Director of Public Works. Each solid waste receptacle shall be placed for collection in the following manner unless directed otherwise by the Director of Public Works:

A. For automated collection, where there is no alley or unimproved alley, carts shall be placed in front of the premises where generated, in the gutter with wheels against the curb and the arrow on the receptacle lid facing into the street.

B. For semi-automated collection, where there is an improved alley designated for alley collection, carts shall be placed for collection on a hard, level surface, on the premises where generated, immediately adjacent to the alley.

C. For manual collection (with approved receptacles as provided in Sections 8.60.030 through 8.60.050):

1. Where there is no alley or unimproved alley, receptacles and bundles shall be placed on the curb or parkway in front of the premises where generated; and

2. Where there is an improved alley that is designated for alley collection, receptacles and bundles shall be placed for collection on the premises where generated, immediately adjacent to the alley.

D. The following additional requirements shall apply to commercial solid waste collection service:

1. Commercial and business enterprises, offices, office buildings, government facilities, churches, schools, or dwellings with over four (4) dwelling units that have a storage area meeting Building Code requirements may use a commercial bin for solid waste collection service;

2. Accounts using a commercial bin for City solid waste collection service shall place the bin immediately adjacent to the improved alley or at the curb in front of the premises accessible to City crews as approved by the Director of Public Works and in compliance with Section 8.60.070;

3. Commercial bins placed in an improved alley shall be placed on a hard level surface;

4. Commercial bins placed at the curb or parkway shall be placed in the gutter with the spindles (lifting arms) against the curb;

5. Carts shall be used in lieu of commercial bins where designated by the Director of Public Works;

6. Persons utilizing City commercial solid waste service shall place for collection only the total number of bins and/or carts previously established for the account; and

7. The City shall retain the right to place a sticker on all commercial bins and carts used for City collection to show authorized day(s) of service and container capacity.

E. Residential recycling program service:

1. Recycling bins shall be placed for collection in the same location and on the same dates and times as for refuse receptacles, unless otherwise specified by the Director of Public Works;

2. Recyclable materials shall be stored in recycling bins in such a manner as to minimize vector control problems; and

3. Recyclables are not allowed to be placed inside a plastic bag for collection. Material should be unbagged or loose in a paper bag.

F. Organics program service:

1. Organics bins shall be placed for collection in the same location and on the same dates and times for refuse receptacles, unless otherwise specified by the Director of Public Works; and

2. Organics shall be stored in organics bins in such a manner as to minimize vector control problems.

G. When possible, carts, commercial bins, and manual solid waste receptacles shall not have any obstructions in front or within two feet (2') of sides and top of receptacles. Two feet (2') of space shall be maintained between carts. Each type of container (Refuse, Recycling, Organics) shall be placed together at least two feet (2') from all carts and bins.

H. The Director of Public Works or designee may specify other locations for the placement of receptacles where such placement will expedite collection or enhance the safety of collection operation, or benefit the public health and safety.

(ORD-21-0040 § 5, 2021; Ord. C-7601 § 7, 1999: Ord. C-7057 § 6, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.1(e))

Each receptacle or bundle shall be placed for collection not earlier than the evening preceding, nor later than six a.m. on the day of regular collection. Receptacles placed at the curb shall be removed within twelve (12) hours after the refuse has been collected.

(Ord. C-5595 § 1 (part), 1980: prior code § 5220.1(f))

A. Any person who intends to remove or convey any nonhazardous, noninfectious refuse for hire within the City shall first apply for and receive a permit in writing from the Director of Public Works in accordance with the applicable provisions of this Chapter 8.60.

B. There shall be two (2) classes of refuse transportation permits:

1. Recycling Permit: For the removing or conveying of nonhazardous, noninfectious source separated materials, with less than ten percent (10%) nonrecyclable waste, as a part of the recovery/recycling process; and

2. General permit: For the removing or conveying of all other nonhazardous, noninfectious solid waste not subject to either of the first two (2) classes of permits.

C. The provisions of this Section shall not apply to:

1. Any person employed by the City; and

2. Persons performing work requiring a permit pursuant to this Chapter, under contract to provide service for a program funded from the general fund of the City, which persons shall be exempt from any fee otherwise required pursuant to Section 8.60.082 but shall otherwise comply with all requirements applicable to refuse transportation. A written exemption shall be requested and received in advance from the Director of Public Works.

(Ord. C-7330 § 3, 1995; Ord. C-7223 § 1, 1994: Ord. C-6975 §§ 1, 2, 1992; Ord. C-6922 § 1, 1991: Ord. C-5595 § 1 (part), 1980: prior code § 5220.2)

The applicant for a refuse transportation permit shall provide, at the time of application for the permit, and shall maintain throughout the term of the permit insurance as prescribed in regulations issued by the City Manager pursuant to Section 2.84.040. The permit shall not be effective until the City has received proof of such insurance.

(Ord. C-7934 § 15, 2004: Ord. C-7601 § 8, 1999: Ord. C-6975 § 6, 1992)

A. An application for a refuse transportation permit shall be submitted to the Director of Public Works or designee on a form to be furnished by the Department of Public Works and shall be accompanied by a nonrefundable application fee as determined by the City Council. The applicant shall furnish all information reasonably required by the Director to enable the Director to act on the application which information may include, but need not be limited to:

1. The name, address and telephone number of the applicant, including all names of the business entities involved;

2. The names, addresses and telephone numbers of all of applicant's subcontractors operating under the permit, if any;

3. The number of vehicles and corresponding vehicle registration and license plate numbers for all vehicles to be operated by the applicant within the City;

4. A copy of the applicant's business license and all other applicable licenses or permits;

5. Proof of insurance furnished or to be furnished pursuant to Section 8.60.081;

6. Such other information as may be reasonably required by the City.

B. The application shall be reviewed and processed in accordance with procedures established from time to time by the Director of Public Works. A permit may be denied for failure to comply with any of the provisions of this Chapter.

C. The City Council may establish an annual refuse transportation fee by resolution in an amount sufficient to reimburse the City for the actual costs of administering the refuse transportation permit program.

(Ord. C-7601 § 9, 1999: Ord. C-7057 § 7, 1992: Ord. C-6975 § 3, 1992; Ord. C-6922 § 3, 1991)

A. After determining that an applicant for a refuse transportation permit is fully compliant with the provisions of this Chapter and all other applicable provisions of law, the Director of Public Works shall issue the appropriate refuse transportation permit. Such permit may contain additional administrative provisions as deemed necessary by the Director of Public Works to carry out his duties under this Chapter.

B. The initial permit so issued shall expire at midnight (12:00 a.m.) of June 30 next following initial issuance.

C. Thereafter, the term of the permit shall be for one (1) year, provided that the Director shall grant annual renewal if the permittee demonstrates that it is in full compliance with all applicable laws and regulations, including, but not limited to the provisions of this Chapter.

(Ord. C-7601 § 10, 1999: Ord. C-6922 § 4, 1991)

A. The Director of Public Works shall issue a permit and a decal or decals to each permittee.

B. A legible copy of the refuse transportation permit, along with a legible copy of the business license, and all other applicable permits and licenses, shall be kept in each vehicle of the permittee and be made available for inspection immediately upon request by any authorized representative of the City.

C. Every person using a vehicle to remove or convey waste shall display a decal in a manner so as to be plainly visible and permanently affixed in the lower right-hand corner (passenger side) of the front windshield of each vehicle operated within the City by the permittee.

D. Each permittee shall place and maintain on each vehicle and receptacle used for collecting or transporting refuse or recyclables the permittee's name and operational phone number. Such information shall be plainly visible using lettering not less than four inches (4") in height.

(Ord. C-7601 § 24, 1999)

A. Monthly reporting. Every holder of any class of refuse transportation permit shall maintain a written record and make a monthly report to the Director of Public Works of refuse and recyclables purchased, received or collected. The report and applicable fees shall be delivered to the City no later than ninety (90) days after the first of the month for which collection service was provided, and shall contain all information reasonably required by the Director of Public Works to determine compliance with the Municipal Code and with the Integrated Waste Management Act of 1989 (commonly known as "A.B. 939"), as it may be amended from time to time and to verify the permittee's calculation of fees owed by permittee.

B. Annual recycling report. Every holder of any class of refuse transportation permit shall, not later than the first business day of April, submit an annual report for the previous calendar year. The City Council may establish a schedule of fees to be submitted with such reports, based on rates of waste diversion, by resolution.

C. The Director of Public Works or designee may audit, during normal business hours of the permittee being audited, any and all records of a permittee reasonably necessary to enable the Director to determine the accuracy of the reports furnished pursuant to Subsections 8.60.086.A or 8.60.086.B of this Section and compliance with this Chapter.

(Ord. C-7601 § 11, 1999: Ord. C-6922 § 5, 1991)

A. Each permittee shall:

1. Provide waste receptacles or bins of sufficient capacity and quantity so as to contain all refuse generated by an account;

2. Be responsible for the collection and disposal of overflow refuse around receptacles. Following the collection of refuse or the emptying of waste receptacles, the area where the refuse was placed for collection shall be left free of refuse, litter, liquid waste and other debris;

3. Provide bulky item collection service for each account. The permittee is responsible for the removal and proper disposal of all bulky items placed for collection for each account it services. The permittees shall remove such items within forty-eight (48) hours of servicing an account or receiving a request for collection from the account or from the City. Each permittee shall maintain a log of such requests for bulky item collection and make such log available for inspection by the Director of Public Works;

4. Comply with monthly and annual reporting requirements as established by the Director of Public Works;

5. Provide a recycling program as set forth in Section 8.60.087.5;

6. Execute and maintain in effect a commercial franchise agreement with the City, as a permit condition, for the use of streets, highways or roads in the City of Long Beach for the conduct of its business activity. The City hereby grants a solid waste hauling franchise to any solid waste enterprise upon the issuance to it of a permit issued pursuant to Section 8.60.80 of this Chapter. The term of the franchise shall run concurrently with the term of the permit and shall end upon termination of the permit. The valid possession of such a permit shall be deemed to make a solid waste enterprise a franchisee under this Section; and

7. Pay a franchise fee, known as the "refuse hauler business fee", in an amount established by the City Council by resolution.

B. The failure of any permittee to comply with the requirements of Subsections 8.60.087A.1. through 8.60.087A.3., shall subject the permittee to a service charge equivalent to the City's costs of providing such services, including all administrative costs, as determined by the City Council by resolution. The failure of any permittee to comply with any requirement of Subsection 8.60.087.A. may also result in the suspension or revocation of the refuse transportation permit.

C. All permittees providing solid waste collection services shall comply with the Americans With Disabilities Act (42 U.S.C. 12101 et seq.), as it may be amended from time to time.

D. Nothing in this Section shall excuse compliance with any other Municipal Code section, nor any other applicable law or regulation.

(ORD-09-0033 § 1, 2009; Ord. C-7601 § 12, 1999: Ord. C-7057 § 8, 1992: Ord. C-6975 § 4, 1992; Ord. C-6922 § 6, 1991)

Each permittee shall automatically enroll accounts into the organics and recycling programs. Permittees to implement a recycling and organics program as approved by the Director of Public Works, or designee.

(ORD-21-0040 § 6, 2021; ORD-09-0033 § 2, 2009; Ord. C-7601 § 25, 1999)

No person shall remove or convey any refuse for hire within the City after a permit for such activity has been revoked or during the time such a permit has been suspended. Grounds for suspension or revocation of a permit shall include, but are not limited to the following:

A. Failure to comply with any of the provisions of this Chapter.

B. Failure to pay in a timely manner any fees imposed by the City.

C. Failure to accurately report under, or comply with any lawful order issued pursuant to California Public Resources Code § 41821.

D. Intentional misstatement of tonnage and origins of refuse collected or transported.

E. Conviction of any violation of any State or federal law in any way related to the collection, transportation or disposal of any waste.

(Ord. C-7601 § 13, 1999: Ord. C-7330 § 4, 1995: Ord. C-6922 § 7, 1991)

A. Failure to acquire and maintain a valid permit shall constitute default and provide the City cause to initiate default proceedings as described in this Section.

B. The City shall notify any person failing to comply with all requirements of this Chapter, in writing, of any default or violation, and shall specify in the notice the date and time by which operations must cease. If the person or permittee fails or refuses to comply, the City shall have the right to remove the bin or box or other refuse receptacle or hauling vehicle without further notice. The person or permittee shall reimburse the City for any expense incurred by the City in removing the receptacle or hauling vehicle, including but not limited to costs of removal and storage. After thirty (30) days the City shall sell, recycle or otherwise dispose of property as stipulated in Section 14.06.140 of this Code. Should the permittee or person continue to operate after permit termination or notification and should the City file suit to restrain the operation, the permittee or person shall reimburse the City for its reasonable costs and expenses in connection therewith, including reasonable Attorney's fees.

C. Each subsequent incident of violation described in Subsection 8.60.089.A, shall be subject to an administrative fee as determined by the City Council by resolution in addition to any other costs set forth in Subsection 8.60.089.B when removing or conveying waste within the City or when reported dumping waste from within the City to any disposal site.

(ORD-10-0014 § 14, 2010; Ord. C-7601 § 14, 1999: Ord. C-7330 § 5, 1995: Ord. C-6975 § 5, 1992; Ord. C-6922 § 8, 1991)

The suspension or revocation of a permit shall be governed by the provisions of Section 5.06.020.

(Ord. C-7601 § 15, 1999: Ord. C-6922 § 2, 1991: Ord. C-5595 § 1 (part), 1980: prior code § 5220.3)

A. Upon sale and purchase of a permitted entity, including the obtaining of a majority ownership of corporate stock, a refuse transportation permit shall be transferable with the written consent of the Director of Public Works. The Director of Public Works shall not unreasonably withhold consent to the transfer of a refuse transportation permit where the applicant demonstrates that the transfer is in full compliance with the provisions of this Chapter and other laws, ordinances, rules or regulations generally applicable to private waste collectors authorized to operate within the City and the transferee complies with all provisions of this Chapter required of an applicant for a new permit. An application for the transfer of a refuse transportation permit shall be submitted in accordance with the requirements of Subsections 8.60.082.A and 8.60.082.B. A nonrefundable fee for applying for the transfer of a refuse transportation permit shall be imposed as determined by the City Council by resolution to reimburse the City for the actual costs of processing the application and transferring the refuse transportation permit. A transferred permit shall expire at midnight of the June 30th next following the date of transfer, and shall thereafter be subject to annual renewal pursuant to Subsection 8.60.084.C for a period of one (1) year at a time.

B. Any person or business entity requesting a transfer shall pay all so-called AB 939 fees, including fines and penalties and report tonnage of all waste removed or conveyed since the adoption of the ordinance and/or resolutions on August 1991 governing the AB 939 program for both the transferred and the acquired company(ies). Failure to comply with this Section shall constitute grounds for suspension or revocation of an existing permit and/or denial of transfer.

(ORD-10-0014 § 15, 2010; Ord. C-7330 § 6, 1995)

A. The Director of Public Works shall not issue, nor need applications be accepted for, more than forty (40) general refuse transportation permits as provided in Subsection 8.60.080.B.2. in any calendar year.

B. If the number of such current and valid permits falls to or below thirty-five (35), the Director shall accept applications for the issuance of additional permits, which in no event shall cause the total number of outstanding permits to exceed forty (40). Should the number of qualified applications cause the number to exceed forty (40), then the Director shall determine the number of permits to be issued to qualified applicants by lot as determined by him/her to be appropriate. Each application submitted pursuant to this Section 8.60.093, shall be accompanied by an application fee as determined by the City Council by resolution which is imposed to cover the costs to the City of so-called AB 939 planning, determination of legal compliance and application processing. Except for a retained amount as determined by the City Council by resolution, the fee shall be returned to any applicants found ineligible for issuance of a permit.

C. Any junk collectors, junk dealers or any persons or party removing or conveying less than nine hundred (900) tons of refuse annually and holding a valid permit to do so on June 30, 1995, may continue to do so, subject to annual renewal as required by law, regardless of the numerical limit established by Subsection 8.60.093.A. Any new permits for such services applied for on or after July 1, 1995, shall be subject to the limits.

D. The Director of Public Works shall, on or after January 1, 1997, and biennially thereafter, review the adequacy of the maximum number of refuse transportation permits provided in this Section in meeting Long Beach refuse disposal needs and shall report his/her findings to the City Council together with his/her recommendation, if any, for a change in that number.

(ORD-10-0014 § 16, 2010; Ord. C-7330 § 7, 1995)

A. Any person removing or conveying any refuse on any public street or other public place in the City shall utilize tight vessels, tanks, receptacles or truck-mounted bodies, each of which shall be so covered as to prevent contents escaping therefrom. Such cover shall be of a type satisfactory to the Director of Public Works.

B. Vehicles used for the removal of refuse, manure and other potentially offensive substances shall be maintained in a clean and sanitary manner so as to minimize odor and vector problems. Such vehicles must be provided with metal lining or metal receptacles, must be strong and tight and must be kept covered except while such material is being deposited in or removed therefrom. No such vehicle shall be stored in a residential area.

(Ord. C-7601 § 16, 1999: Ord. C-7057 § 9, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.4)

No receptacle shall be filled to exceed capacity. Receptacles exceeding capacity shall be noticed and not collected. If any refuse is dropped or spilled on the City right-of-way from trash picking, scavenging, overflowing containers, or animal scavenging, it shall be the responsibility of the property owner or occupant to clean up and properly dispose of the refuse.

(Ord. C-7601 § 17, 1999: Ord. C-7057 § 10, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.5)

No person shall put, place, sweep, throw, brush or in any other manner deposit any refuse, litter, vegetation, or any other waste in or on any public right-of-way or any portion of the storm drain system, including, but not limited to, streets, gutters, sidewalks, parkways and alleys. This Section shall not be construed to prohibit the placing of any required rubbish containers upon any sidewalk, street or alley in compliance with the provisions of the sections governing the collection of waste or rubbish.

(Ord. C-7601 § 18, 1999: Ord. C-7330 § 8, 1995)

No person shall dispose of refuse of any kind, including, but not limited to, infectious waste, hazardous waste, construction or demolition debris, large items, materials from industrial and manufacturing processes, food processing wastes, explosives, liquids, offal and any substances such that exposure to them may pose a threat to human health or the environment, into the roll-off containers for street sweeping debris.

(Ord. C-7601 § 19, 1999: Ord. C-7330 § 9, 1995)

A. No person shall transfer the financial liability for refuse disposal by depositing waste of any kind upon any public street, other public place or private parcel, lot, premises, litter receptacle or refuse receptacle thereon.

B. No person shall deposit waste of any kind in the receptacle of, or on the premises of a business, residence or lot, which was not generated on those premises without first obtaining a written permit from the property owner or occupant who is liable for the refuse collection fees. For those accounts serviced by City refuse collection crews, a written permit shall also be obtained from the Director of Public Works prior to depositing any waste on a lot or in the City-serviced receptacle of any business, residence or premises where the waste was not generated.

C. Litter receptacles are placed on public property for incidental litter and refuse generated while using public facilities. No person shall dispose of refuse, other than individual litter, that was not generated from the uses of that public facility by depositing it in litter receptacles.

D. Violation of this Section by the holder of any permit granted pursuant to the provisions of this Chapter shall be grounds for the revocation of such permit by the City.

(Ord. C-7601 § 20, 1999: Ord. C-7057 § 11, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.6)

When any waste receptacle is placed upon any premises as provided in this Chapter, only the owner, or agent carrying a current license and permit with the City and all other applicable permits and licenses, or authorized employee or agent of the City shall move, remove or tamper with such receptacle, or remove any refuse or recyclable material from any such receptacle.

(Ord. C-7601 § 21, 1999: Ord. C-7057 § 12, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.7)

A. The City shall provide for the collection and removal of solid waste from all property in the City at regular intervals to be prescribed by the Director of Public Works. A charge is imposed upon every property owner or occupant of property in the City not expressly exempted therefrom in this Chapter for such classes of service. Unless exempted, the charge shall always apply if the property is receiving either water or gas service and pursuant to Section 8.60.240 a written exemption has not been requested and received in advance from the Director of Public Works.

B. The City shall provide for the collection, marketing and processing of recyclable materials stipulated in Sections 8.60.010 through 8.60.070 from all accounts designated by the Director of Public Works. A l recycling program charge shall be imposed upon every property owner or occupant of each dwelling unit of a lot or parcel if the property is receiving City refuse service and the property is not expressly exempted therefrom in this Chapter.

C. The City shall provide the collection, marketing and processing of organic materials stipulated in Sections 8.60.101 through 8.60.370 from all accounts designated by the Director of Public Works. A organics program charge shall be imposed upon every property owner or occupant of each dwelling unit or a lot or parcel if the property is receiving City refuse services and the property is not expressly exempted therefrom in this Chapter.

D. Rates for all City-serviced solid waste services, late fees and penalties shall be as established by the City Council by resolution.

(ORD-21-0040 § 7, 2021; Ord. C-7057 § 13, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.8(a))

A. Regular bills for service shall be rendered at intervals prescribed by the City. Insofar as it is practicable, accounts shall be scheduled at regular intervals for the preparation of regular bills, and accounts shall be scheduled as required for the preparation of opening, closing and special bills.

B. The customer's bill shall be calculated on the basis of the number of days in the billing period times the daily charge in accordance with the rate schedule applicable to that service.

(Ord. C-7057 § 14, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.8(b))

Apartment hotels and other hostelries of a like nature which provide both apartments and transient room accommodations may be charged either on the basis of volume of refuse collected per week or on the basis of the number of apartment dwelling units, but in no event shall the charge be less than the daily unit charge set forth in the applicable refuse rate schedule. The charging method to be used in each specific instance shall be determined by the Director of Public Works.

(Ord. C-5595 § 1 (part), 1980: prior code § 5220.8(c))

Refuse collection service charges established on volume shall be determined on the basis of average quantities collected. The Director of Public Works shall cause such quantities to be periodically reviewed, and upon the basis of his findings the daily charge shall be adjusted to maintain conformance with the volume of refuse being collected; excepting that the daily charge shall not be adjusted in relation to temporary variations of refuse due to seasonal factors where such variations from the average do not extend beyond a two (2) month period.

(Ord. C-5595 § 1 (part), 1980: prior code § 5220.8(e))

A. The Director of Public Works may provide for the removal and disposal of refuse and/or recyclable materials from any place or premises at times in addition to or beyond the regular collection service schedule or in a manner different from routine collection practice and procedures. Any special service shall be established by the Director of Public Works. Charges for such special services, including cart repair, exchange and replacement, special refuse, rollout service and, additional unscheduled collection shall be established from time to time by the Director of Public Works.

B. The charge for a special service shall be billed for collection separately from the routine service charge collections by the manager of the Commercial Services Bureau to the property owner or firm who shall be liable to the City for payment.

C. Upon failure to pay any such special service fee when due, an action may be brought to collect the same, pursuant to Section 8.60.200 of the Municipal Code.

(Ord. C-7057 § 15, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.8(f))

All occupants of property, unless expressly excepted in this Chapter shall be liable for payment of refuse collection service, recycling service and special services as prescribed in Sections 8.60.140 and 8.60.190. Such charge shall be billed by inclusion with municipal utility bills where practicable. In instances of property containing more than one (1) dwelling unit or place of business, or both, which are served by single utility meters for both gas and water service, or in other instances where direct billing to occupants is not possible or practical, the service charges may be billed to the property owner, who may collect such charges from the occupants of the dwelling units or places of business located on the property of the owner. In the event the property owner fails to collect the service charges from any such occupant or remit same to the City, the property owner shall be liable to the City for payment of the charges. Refuse collection and recycling service charges shall be a debt owing to the City from the occupant of the premises receiving the service, or from the property owner if billed thereto. Upon failure to pay any such charges when the utility bill with which the charges are included is due, an action may be brought in a court of proper jurisdiction to collect the same and may become a lien upon the property. The property owner and/or occupant shall reimburse the City for its costs and expenses in connection therewith, including reasonable Attorney's fees. Refuse or recycling collection service may be discontinued or refused to any premises at which the customer has not paid the utility bill in full within the prescribed time, unless said utility bill is formally disputed for refuse collection charges.

(Ord. C-7057 § 16, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.9(a))

When billed to the property owner, the refuse collection service charges shall be based upon full occupancy of all rental units upon the property during the period covered by the bill.

(Ord. C-5595 § 1 (part), 1980: prior code § 5220.9(b))

The Director of Public Works is authorized to determine and establish such rules, procedures and methods as may be necessary or desirable to the implementation of Sections 8.60.200 through 8.60.230, and so as to provide for circumstances or situations for which no specific provision is included in Sections 8.60.200 through 8.60.230, and shall determine the interval for billing of such refuse collection service charges; provided that such billings shall not be less frequent than every four (4) months.

(Ord. C-5595 § 1 (part), 1980: prior code § 5220.9(c))

Commercial activities for the Department of Public Works are performed by the Commercial Services Bureau of the Department of Financial Management, and regulations contained in this Chapter shall be implemented and applied by procedures established by the Manager of Commercial Service, subject to the approval of the Director of Public Works.

(Ord. C-7057 § 17, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.9(d))

A. Property owners and occupants within the City shall utilize the municipal refuse collection and recycling service and shall be obligated to make payment to the City for such service in accordance with provisions of Sections 8.60.140 through 8.60.190 excepting that:

1. Property owners or occupants may utilize the service of a licensed and permitted solid waste enterprise for collection, removal and disposal of "refuse not collected by the City", as defined in this Chapter.

2. Property owners or occupants which generate in excess of ten (10), one hundred (100) gallon containers of refuse and recyclables per week, and any number of contiguous properties or rental units under common ownership by an individual business, firm, or private or public corporation which is designated as one (1) account and jointly generates in excess of thirty (30), one hundred (100) gallon containers of refuse and recyclables per week, may request an exemption from the Director of Public Works. Having received such an exemption in writing, the property owner or occupant may utilize a solid waste enterprise licensed and permitted to remove or convey waste within the City for the collection, removal and disposal of refuse from such specific properties as authorized in this Chapter. In the event that such exceptions apply, then no routine refuse collection or recycling service charge shall be made against the occupants or owners of such properties. Special collection charges shall apply for services deemed necessary to maintain public health and safety by the Director of Public Works.

3. A property owner or occupant within an area newly annexed to the City may utilize the service of a private refuse collection service for a period not to exceed the maximum time prescribed in Health and Safety Code § 4272; provided that such private refuse collection service is authorized to continue furnishing the service pursuant to and is in compliance with all applicable laws and regulations, and has obtained the requisite business license refuse transportation permit from the City; and provided further, that such occupant or owner was an occupant or owner at the time the area was annexed to the City. In such event, and if the City collects no refuse or recyclables therefrom, then no refuse or recycling collection service charge shall be made against the occupants or owners of such properties.

B. Nothing in this Section shall be construed to prohibit any property owner or occupant from selling to, or otherwise disposing of to a private agency, any specific type or classification of refuse or recyclable material which may have economic value; provided, that the private agency shall be required to comply with all provisions of this Chapter relative to the collection and conveyance of refuse or recyclables within the City and all other applicable laws and regulations.

(Ord. C-7601 § 22, 1999: Ord. C-7057 § 18, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.10)

Occupants or property owners shall not cause or permit rubbish to accumulate at any place or property under their care or control for a period in excess of one (1) calendar week; excepting that this provision shall not apply to those manufacturing wastes not constituting a health or fire hazard or a nuisance to adjacent properties.

(Ord. C-5595 § 1 (part), 1980: prior code § 5220.11)

The occupant or tenant, or in the absence of an occupant or tenant, the property owner, lessee, or proprietor of any real property in this City which is adjacent to a paved public sidewalk or a paved alley shall cause the sidewalk or alley to be swept or otherwise cleaned each day, Sundays and legal holidays excepted, if necessary to keep and maintain the public sidewalk or alley free of dirt, paper, litter or rubbish of any kind. The sweepings and debris from the sidewalk or alley shall be caused to be disposed of by the person responsible for the cleanliness of the sidewalk or alley, but such sweepings and debris shall not be swept or otherwise caused or allowed to be disposed of in the street or gutter. If the property owner or occupant fails to maintain the public sidewalk or alley free of waste of any kind, the Director of Public Works may, for public health and safety reasons, cause the sidewalk or alley adjacent to real property to be cleaned and assess a fee to the property owner pursuant to Sections 8.60.190 and 8.60.200 of the Municipal Code.

(Ord. C-7057 § 19, 1992: Ord. C-5800 § 1, 1992: prior code § 5220.12)

A. The owner or operator of any retail establishment which sells a product which is commonly used or consumed immediately after purchase shall provide a waste receptacle of sufficient capacity, as defined in this Chapter, on his or her property for use by that establishment's customers.

B. The owner or operator of each of the following establishments shall provide and empty a tobacco waste receptacle, such as a cigarette urn or ash tray, in each area of his or her establishment where smoking is lawfully permitted:

1. Any retail establishment which sells tobacco products, or alcoholic beverages for consumption on the premises.

2. Any place of employment, in any area of the establishment where smoking is permitted.

C. Each such receptacle provided under this Section shall be of sufficient capacity, as defined in this Chapter, and both the receptacle and the area surrounding it shall be maintained in a sanitary manner.

D. No waste receptacle provided under this Section shall be located on public property without the permission of the Director of Public Works.

(Ord. C-7601 § 26, 1999)

Refund provisions in Chapter 3.48 shall apply with the following conditions:

A. The refund shall be credited to the corresponding refuse or recycling service account. If the refuse account is closed, the refund amount shall be made to such person entitled to receive the money.

B. The refund shall be requested in writing by the person entitled to the refund. The refund request shall be made within one (1) year after payment of the money to the City. The refund amount shall not exceed a six (6) month period of the disputed amount.

(Ord. C-7057 § 21, 1992)

No person shall deface or remove without authorization any "cart" or "recycling bin" as defined herein, and any person convicted of so doing shall be guilty of a misdemeanor which shall be punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the City or County jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person and shall be punishable accordingly.

(Ord. C-7057 § 22, 1992)

A. Requirements for Single-Family Generators. Single Family Organic Waste Generators:

1. Shall be automatically enrolled in the City's Organic Waste collection services and shall have the number of receptacles or bins with sufficient capacity necessary to contain their refuse, organics, and recyclables in compliance with City ordinances and the Health and Safety Code. City-serviced accounts will be advised in writing by the Director of Public Works, or designee, to increase their levels of service by obtaining additional receptacles or arranging for more frequent collection. If the Director of Public Works, or designee, determines that overflowing or otherwise non-contained waste (Organics, Refuse, or Recycling) continues to create a nuisance or a threat to public health or safety after written notification to the account, or to the property owner and occupant, the Director, or designee, shall either provide sufficient containers and collection and bill the account in accord with the schedule of fees adopted by the City Council, or refer the matter to the appropriate City department for further action.

2. Shall participate in the City of Long Beach's Organic Waste collection service(s) by placing designated materials in designated containers, and shall not place Prohibited Container Contaminants in collection containers.

3. Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

B. Requirements for Commercial Businesses. Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:

1. Shall be automatically enrolled to a collection service(s) including required diversion for Organics and Recyclables, except those that meet the Self-Hauler requirements in Section 8.60.370.G of this ordinance. City-serviced accounts shall be automatically enrolled in service(s) as require by State law. Commercial generators permitted to utilize the service of a licensed and permitted solid waste enterprise for collection, as defined in Section 8.60.240 shall be automatically enrolled by their hauler in Organics, Recycling, and Refuse collection unless required diversion is met through a High Diversion Facility in accordance with Title 14 of CCR. Commercial generators that are allowed to utilize the service of a licensed and permitted solid waste enterprise are allowed to utilize any of the permitted haulers for these services. The City shall have the right to review the number and size 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 Businesses shall adjust their service level for their collection services as requested by the City.

2. Participate in Organic Waste collection service(s) by placing designated materials in designated containers as described by the hauler to meet the service requirements of Title 14 of CCR., except Commercial Businesses that meet the Self-Hauler requirements in Section 8.60.370.G of this ordinance.

3. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Subsections B.4(a) and (b) below) for employees, contractors, tenants, and customers, consistent with the City's or licensed permitted private haulers collection service or, if self-hauling, per the Commercial Businesses' instructions to support its compliance with its self-haul program, in accordance with Section 8.60.370.G of this ordinance.

4. Excluding Multi-Family Residential Dwellings and commercial businesses using a permitted hauler which utilizes a 1-2 cart collection system processed at a permitted High Diversion Processing Facility meeting the requirements of Title 14 of CCR, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

a. A body or lid that conforms with the container colors provided through the collection service provided by City or licensed permitted hauler, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

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

5. Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirements in Section B.4 pursuant to 14 CCR Section 18984.9(b).

6. To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the City's collection service or, if self-hauling, per the Commercial Businesses' instructions to support its compliance with its self-haul program, in accordance with Section 8.60.370.G of this ordinance.

7. Excluding Multi-Family Residential Dwellings, periodically inspect all Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

8. 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. Not applicable to businesses meeting recovery requirements through a 1-container system processed at a permitted High Diversion Facility.

9. Provide education information before or within fourteen (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 Refuse Container Waste (when applicable) and the location of containers and the rules governing their use at each property.

10. Provide or arrange access for City or its agent to their properties during all Inspections conducted in accordance with this ordinance to confirm compliance with the requirements of this ordinance.

11. Accommodate and cooperate with City's or its agent's Remote Monitoring program 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 this ordinance. The Remote Monitoring program shall involve installation of Remote Monitoring equipment on or in the service Containers.

12. At Commercial Business's option and subject to any approval required from the City, implement a Remote Monitoring program for Inspection of the contents of its Containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify Prohibited Container Contaminants. Generators may install Remote Monitoring devices on or in the Containers subject to written notification to or approval by the City or its Designee.

13. If a Commercial Business wants to self-haul, meet the Self-Hauler requirements in Section 8.60.370.G of this ordinance.

14. 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 14 CCR Section 18984.9(c).

15. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to this ordinance.

C. Waivers for Generators. If Commercial Business or Multi-Family Residential Dwelling is serviced by the City, these waivers can be directly submitted to the City. If the Commercial Business or Multi-Family Residential Dwelling utilizes the service of a licensed and permitted solid waste enterprise for collection, as defined in Section 8.60.240 then waivers must be submitted to them directly. The licensed and permitted solid waste enterprise will submit these waivers to the City.

1. De Minimis Waivers (Optional for Three-, Three-Plus, and Two-Container Systems per 14 CCR Section 18984.11). 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 ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Subsection 1.b. below. Commercial Businesses requesting a de minimis waiver shall:

a. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Subsection C.1.b below.

b. Provide documentation that either:

(i) The Commercial Business' total Solid Waste collection service is two cubic yards or more per week and Organic Waste comprises less than twenty (20) gallons per week per applicable container of the business' total waste; or

(ii) The Commercial Business' total Solid Waste collection service is less than two cubic yards per week and Organic Waste comprises less than ten (10) gallons per week per applicable container of the business' total waste.

c. Notify City if circumstances change such that Commercial Business's Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.

d. Provide written verification of eligibility for de minimis waiver every five (5) years, if City has approved de minimis waiver.

2. Physical Space Waivers (Optional for Three-, Three-Plus, and Two-Container Systems) 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 recyclable materials and/or 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 this ordinance. A Commercial Business or property owner may request a physical space waiver through the following process:

a. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

b. Provide documentation that the premises lacks adequate space for Recycling Containers and/or Organics Containers including documentation from its hauler, licensed architect, or licensed engineer.

c. Provide written verification to City that it is still eligible for physical space waiver every five (5) years, if City has approved application for a physical space waiver.

3. Review and Approval of Waivers by the Public Works Director or designee.

D. Requirements For Commercial Edible Food Generators.

1. 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 14 CCR Section 18991.3.

2. 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.

3. Commercial Edible Food Generators shall comply with the following requirements:

a. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.

b. Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.

c. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

d. Allow City's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

e. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

(i) 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 14 CCR Section 18991.3(b).

(ii) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

(iii) 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.

3. The established frequency that food will be collected or self-hauled.

4. 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.

f. The City may additionally request the records to be submitted electronically or by mail within fifteen (15) days of the request.

4. Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California 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 of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

E. Requirements For Food Recovery Organizations and Services.

1. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

a. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.

b. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.

c. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.

d. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.

2. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

a. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.

b. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.

c. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.

3. Food Recovery Organizations and Food Recovery Services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).

4. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 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 14 CCR Section 18991.3(b) no later than March 31 of each year, commencing March 31, 2023.

5. Food Recovery Capacity Planning.

a. Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the City or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City 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.

F. Requirements for Haulers and Facility Operators.

1. Requirements for Permitted Non-Exclusive Franchised Haulers.

a. Non-exclusive franchised haulers providing, Commercial (Multi-Family Dwelling) or industrial Organic Waste collection services to generators within the City's boundaries that meet the requirements of 8.60.240 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:

(i) Through written notice to the City annually on or before December 31st , identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and Mixed Waste.

(ii) Transport Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and Mixed Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

b. Permitted Non-exclusive franchised haulers' authorization to collect Organic Waste shall comply with education, equipment(including but not limited to carts and bins), signage (included but not limited to what is required by the law of signage on containers), container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with City.

c. Non-Exclusive Franchise Haulers shall upon request provide a specified quantity of Compost or SB 1383 Eligible Mulch to City and its customers via periodic "giveaways" as specified in franchise agreement. They shall also keep and provide records to the City including the following:

(i) Dates provided;

(ii) Source of product including name, physical location and contact information for each entity, operation or facility from whom the Recovered Organic Waste products were procured;

(iii) Type of product;

(iv) Quantity provided; and

(v) Invoice or other record or documentation demonstrating purchase, procurement, or transfer of material to giveaway location.

d. Non-Exclusive Franchise Haulers shall upon request procure Renewable Gas as a Direct Service Provider.

(i) Direct Service Providers transporting solid waste, organic materials, and/or recyclable materials shall procure a percentage, to be determined, of their fuel as Renewable Gas. Renewable Gas used by Direct Service Providers shall comply with criteria specified in 14 CCR Section 18993.1.

2. Requirements for Facility Operators and Community Composting Operations.

a. 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 City 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 sixty (60) days.

b. Community Composting operators, upon City 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 sixty (60) days.

G. Self-Hauler Requirements.

1. Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that 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 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.

2. Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.

3. 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; this record shall be subject to Inspection by the City. The records shall include the following information:

a. Delivery receipts and weight tickets from the entity accepting the waste.

b. The amount of material in cubic yards or tons transported by the generator to each entity.

c. If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.

4. Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall provide information collected in Section 8.60.370.G.3. to City if requested.

5. Self-Hauler meeting the above requirements for self-haul of organics do not automatically qualify for a waiver per this ordinance.

6. Self-Hauler meeting the requirements of self-haul for recycling do not automatically qualify for a waiver.

H. Inspections and Investigations by the City.

1. City representatives, 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 ordinance by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow City to enter the interior of a private residential property for Inspection. For the purposes of inspecting Commercial Business containers for compliance with Section 8.60.370.B.6 of this ordinance, City, or designee, may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring pursuant to this ordinance.

2. 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 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 ordinance described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation of Remote Monitoring equipment; or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described.

3. Any records obtained by City during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

4. City representatives and/or Designee are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.

5. 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.

I. Enforcement.

1. Violation of any provision of this ordinance shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a City Enforcement Official or designee. Enforcement Actions under this ordinance include issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance.

2. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. Jurisdiction 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.

3. Responsible Entity for Enforcement.

a. Enforcement pursuant to this ordinance may be undertaken by the City Enforcement Official, which may be the City Manager or their designated entity, City Attorney, City Prosecutor, or combination thereof.

b. Enforcement may also be undertaken by a Regional or County Agency Enforcement Official, designated by the City, in consultation with the City Enforcement Official.

(i) City Enforcement Official(s) (and Regional or County Agency Enforcement Official, if using) will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met. Only City Enforcement Official(s) may issue waivers.

(ii) City Enforcement Official(s) (and Regional or County Agency Enforcement Official, if using) may issue Notices of Violation(s).

4. Process for Enforcement.

a. City Enforcement Officials or Regional or County Enforcement Officials and/or their Designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program (that may include Remote Monitoring). Section 8.60.370.H establishes City's right to conduct Inspections and investigations.

b. The City may issue an official notification to notify regulated entities of its obligations under the ordinance.

c. Contamination Processing Fees/Penalties: For incidences of Prohibited Container Contaminants found in containers, City may issue a Notice of Violation to any generator found to have Prohibited Container Contaminants in a container. Such notice will be provided immediately upon identification of the Prohibited Container Contaminants or within seven (7) days after determining that a violation has occurred. If the City observes Prohibited Container Contaminants in a generator's containers, the City may assess contamination processing fees or contamination penalties on the generator.

d. With the exception of violations of generator contamination of container contents addressed under Subsection 4.c above, City shall issue a Notice of Violation requiring compliance within thirty (30) days, or less, of issuance of the notice.

e. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to LBMC Section 9.65.

f. Notices shall be sent to "owner" at the official address of the owner maintained by the Los Angeles County tax collector 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.

5. Penalty Amounts for Types of Violations. The penalty levels are as follows:

a. For a first violation, the amount of the base penalty shall be Fifty Dollars ($50) to One Hundred Dollars ($100) per violation.

b. For a second violation, the amount of the base penalty shall be One Hundred Dollars ($100) to Two Hundred Dollars ($200) per violation.

c. For a third violation, the amount of the base penalty shall be Two Hundred Fifty Dollars ($250) to Five Hundred Dollars ($500) per violation.

d. For a fourth or subsequent violation, the amount of the base penalty shall be a base penalty of Five Hundred Dollars ($500) per violation, plus all additional fees related to monitoring violation, and fees related to ensuring compliance is met.

6. Factors Considered in Determining Penalty Amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:

a. The nature, circumstances, and severity of the violation(s);

b. The violator's ability to pay;

c. The willfulness of the violator's misconduct;

d. Whether the violator took measures to avoid or mitigate violations of this Chapter;

e. Evidence of any economic benefit resulting from the violation(s);

f. The deterrent effect of the penalty on the violator;

g. Whether the violation(s) were due to conditions outside the control of the violator.

7. Compliance Deadline Extension Considerations. The City may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Section 8.60.370.I if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

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

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

c. Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the Jurisdiction is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

8. Appeals Process. 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 LBMC Chapter 9.65 regarding appeals of administrative citations. Evidence may be presented at the hearing. The City will appoint a hearing officer, who may be a City employee different from the Enforcement Official, who shall conduct the hearing and issue a final written order.

9. Education Period for Non-Compliance. Beginning January 1, 2022 and through December 31, 2023, City will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if Jurisdiction 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 ordinance 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.

10. Civil Penalties for Non-Compliance. 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 ordinance, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to Section 17, as needed.

J. Effective Date. This Ordinance shall be effective commencing on January 1, 2022.

(ORD-21-0040 § 10, 2021)