Los Altos Municipal Code Ch. 6.12 Solid Waste Collection, Removal, Disposal, Processing and Recycling

Editor's note— Ord. No. 2021-482, § 1, 11-9-2021, amended Ch. 6.12 in its entirety to read as set out herein. Former Ch. 6.12, §§ 6.12.010—6.12.080 pertained to similar subject matter, and derived from Ord. No. 2015-417, § 1, adopted December 8, 2015.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Act" means the California Integrated Waste Management Act of 1989 (sometimes referred to as "AB 939"), Public Resources Code § 40000 and following as it may be amended, including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), and as implemented by the regulations of CalRecycle.

"Alternative daily cover (ADC)" means cover material other than earthen material placed on the surface of the active face of a municipal solid waste landfill at the end of each operating day to control vectors, fires, odors, blowing litter, and scavenging.

"City manager" means the city manager of the city, or his/her designee, including city employees or entities hired by the city to implement the requirements of this chapter.

"City council" means the city council of the city.

"Commercial business" means all retail, professional, office, wholesale and industrial facilities, and other commercial enterprises offering goods or services to the public and multi-family dwelling units located within the boundaries of the city.

"Commercial generator" means a commercial business which generates garbage, organics or recyclable materials as a result of its business, commercial or property activity. Commercial generator also means any multi-family residential property of five or more units. Commercial generator may also include tenants, property managers for facilities with leased space, employees and contractors of commercial generator. Commercial generator also includes the city, its facilities, its non-residential properties and special events, its sponsors or co-sponsors, as well as mobile food vendors and the responsible party for any special event.

"Construction and demolition debris" means commonly used or discarded materials removed from construction, remodeling, repair, demolition, or renovation operations on any pavement, house, commercial building, or other structure, or from landscaping. Such materials include, but are not limited to, dirt, sand, rock, gravel, bricks, plaster, gypsum wallboard, aluminum, glass, asphalt material, plastics, roofing material, cardboard, carpeting, cinder blocks, concrete, copper, electrical wire, fiberglass, formica, granite, iron, lead, linoleum, marble, plaster, plant debris, pressboard, porcelain, steel, stucco, tile, vinyl, wood, masonry, rocks, trees, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations on pavement, houses, commercial buildings and other structures. Construction and demolition debris does not include exempt waste.

"Container" means any heavy plastic or galvanized metal box, can, cart, barrel, bin or similar type container used for the accumulation of garbage, recyclable materials, organic materials, or construction and demolition debris.

"Debris box" means any ten (10) to forty (40) cubic yard container, or any compactor provided by a solid waste generator, placed in the public right-of-way, on city property, private property, or elsewhere in the service area, which is procured by a solid waste generator for their use in the collection of their solid waste. Debris boxes are serviced by means of lifting the entire container, including all contents, onto a designated collection vehicle.

"Delinquent" means a failure of the recipient of solid waste collection service, or of the property owner, to pay when due all charges owed to the franchised hauler for solid waste collection service rendered or to be rendered.

"E-waste" means discarded electronics equipment such as cell phones, personal digital assistants (PDA), computers, monitors, televisions, and other items containing cathode ray tubes (CRTs), LCD, LED or plasma screens and monitors.

"Exempt waste" means hazardous waste, sludge, automobiles (including motorcycles and motor scooters), automobile parts, boats, boat parts, boat trailers, internal combustion engines, and those wastes under the control of the Nuclear Regulatory Commission.

"Food waste" means food scraps and trimmings and other putrescible waste that result from food production, preparation, cooking, storage, consumption or handling. Food waste includes but is not limited to: meat, fish and dairy waste, fruit and vegetable waste and grain waste. Food waste does not include exempt waste.

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

"Garbage" means all non-recyclable packaging and other waste attributed to normal activities of a service unit. Garbage must be generated by and at the service unit wherein the garbage is collected. Garbage does not include recyclable materials, organic materials, construction and demolition debris, large items, e- waste, universal waste, hazardous waste, household hazardous waste or exempt waste.

"Generator" means any commercial generator or residential generator of solid waste.

"Hazardous waste" means any material which is defined as a hazardous waste under California or United States law or any regulations promulgated pursuant to such law, as such as local, state or federal law or regulations may be amended from time to time.

"Household hazardous waste" means dry cell household batteries; used motor oil; used oil filters when contained in a sealed plastic bag; cooking oil; compact fluorescent light bulbs contained in a sealed plastic bag; cleaning products, pesticides, herbicides, insecticides, painting supplies, automotive products, solvents, and adhesives, auto batteries; and universal waste.

"Large items" means furniture, carpets, mattresses, white and brown goods (household appliances), e- waste, clothing, tires without rims, and green waste attributed to the normal activities of a service unit.

"Occupied premises" are occupied when a person or persons take or hold possession of the premises for permanent or temporary use. For the purposes of determining whether a premises is occupied during

periods when solid waste collection service is made available to such premises, occupancy shall be presumed unless evidence is presented that gas, electric, telephone and water utility services were not being provided to the premises during such periods.

"Organic materials" and "organics" mean food scraps and trimmings from food preparation, including but not limited to: meat, fish and dairy waste, fruit and vegetable waste, grain waste, stable matter, and acceptable food packaging items such as pizza boxes, paper towels, waxed cardboard, food- contaminated paper products, plant debris, such as palm, yucca and cactus, ivy, grass clippings, leaves, pruning, weeds, branches, brush, and holiday trees.

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

"Prohibited container contaminants" means: (i) discarded materials placed in the designated recycling container that are not identified as acceptable source separated recyclable materials for the city's designated recycling container (ii) discarded materials placed in the designated organics materials container that are not identified as acceptable source separated organics materials for the city's designated organics materials container; and (iii) discarded materials placed in the garbage container that are acceptable source separated recyclable materials and/or source separated organic materials to be placed in city's designated organics materials container and/or designated recycling container.

"Recyclable materials" or "recyclables" mean those materials separated from garbage by the generator which are capable of being recycled and which would otherwise be processed or disposed of as garbage.

"Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become garbage and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the market place. Recycling does not include transformation as defined in Public Resources Code § 40201.

"Residential generator" means an owner, tenant or resident of any residential property which generates garbage, organics or recyclable materials as a result of occupancy or property activity, including all generators not otherwise meeting the definition of commercial generator.

"Responsible party" means the individual or entity responsible for the generator's management of solid waste at the generator's commercial business, business, residential property, or special event.

"Self-haul" means when a generator collects solid waste at their premises or place of business for the purpose of hauling those materials in their own vehicles to a permitted solid waste facility in compliance with the requirements of this chapter.

"Service unit" means any city facility or city property, any single-family or multi-family dwelling unit, or any retail, professional, office, wholesale or industrial facility located within the incorporated boundaries of the city that utilizes a solid waste cart, bin, compactor, or debris box for the accumulation and set-out of solid waste.

"Sharps" means needles, scalpels, blades, broken medical glass, broken capillary tubes, and ends of dental wires.

"Solid waste" means garbage, recyclable materials, organic materials, construction and demolition debris, large items, e-waste, universal waste or exempt waste.

"Source separate" means the process of removing recyclable materials from garbage at the place of discard generation, prior to collection, into separate containers that are separately designated from recyclable materials, organic materials, or garbage for the purposes of recycling.

"Special event" means a community, public, commercial, recreational or social event as further defined in chapter 9.25 of the Los Altos Municipal Code.

"Sludge" means the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar disposal appurtenances or any other such waste having similar characteristics or effects.

"Tenant" means any person or persons, other than the owner, occupying or in possession of a premises.

"Universal waste" means e-waste, fluorescent lamps, cathode ray tubes, non-empty aerosol cans, instruments and switches that contain mercury, and dry cell batteries containing cadmium copper or mercury.

(Ord. No. 2021-482, § 1, 11-9-2021)

A.

Subscription required. The property owner or tenant of each occupied premises shall subscribe to and pay for at least the minimum level of solid waste collection service made available to that premises by the franchised hauler, as specified in the franchise agreement between the city and the franchised hauler. The charges for solid waste collection service rendered or made available shall be paid for all periods of time during which the premises are occupied, regardless of whether or not the owner or tenant has any solid waste to be collected on any particular collection date during such occupancy. Nothing in this section is intended to prevent an arrangement, or the continuance of an arrangement, under which payments for solid waste collection service are made by a tenant or tenants, or any agent or other person, on behalf of the owner. However, any such arrangement will not affect the property owner's obligation to pay for solid waste collection service as provided herein.

B.

Commencement of solid waste collection service. The property owner or tenant shall commence solid waste collection service within seven days after occupancy of a premises, or portion thereof. In the event service is not initiated within such period of time, the city manager may give written notice to the owner or tenant that solid waste collection service is required. If service is not initiated by the property owner or tenant within seven days after the date of mailing the notice, the city manager shall authorize the franchised hauler to begin and continue providing the minimum level of solid waste collection service to such premises and the service shall be deemed to have been made available as of the date of such authorization.

C.

Charge for solid waste collection service. Any and all charges for solid waste collection service shall be set forth in the franchise agreement, contract or the collection service agreement between the city and its franchised hauler.

D.

Failure to pay for solid waste collection service. The franchised hauler shall be entitled to payment from the property owner, tenant or any other subscribing person on behalf of the property owner for any services rendered or to be rendered. Upon failure to make such payment, the means of collecting delinquent charges shall be in accordance with the procedures set forth in this chapter. Solid waste collection service shall not be discontinued by reason of any failure to pay the charges for such service.

E.

Notification of delinquency. If a bill for solid waste collection service remains delinquent for sixty (60) days, the franchised hauler shall send or deliver notice of any delinquency to the property owner, tenant or any other subscribing person on behalf of the property owner indicating the amount owed for solid waste collection service. The city is not obligated to use its police power to collect delinquent, overdue or unpaid bills for solid waste collection service.

F.

Containers must be covered and kept clean. All solid waste set out by generators on the street or other designated location for collection by the franchised hauler shall be placed in covered containers. No container shall be loaded beyond its capacity. It shall be the responsible parties' responsibility to keep the containers used for the storage and collection solid waste material generated on the premises in a clean and sanitary condition. No material or containers shall be kept or handled in such a manner as to become a nuisance. No solid waste shall be allowed to become odoriferous or a producer of vermin. Lids on containers shall remain closed at all times while stored or placed for collection.

G.

City manager may restrict self-haul. Nothing in this section is intended to prevent generators that subscribe and pay for solid waste services with the franchised hauler from self-hauling extra solid waste to permitted solid waste facilities, as may be necessary from time-to-time. However, the city manager may restrict or prohibit self-hauling by individual generators if the city manager determines, after providing notice and an opportunity for a hearing, that the generator's self-hauling activities violate the provisions of this section or any other applicable law or regulation.

H.

Exclusive provider of debris boxes. No person, other than the franchised hauler shall provide or service (haul) debris boxes for the collection of construction and demolition debris, garbage, recycling, organic materials and large items, and it is a violation of this code to obtain a debris box from any person other than the franchised hauler or to engage the services of any person other than the franchised hauler to provide debris box service. This includes any and all debris boxes placed in the public right-of-way, on city

property, private property, or elsewhere in the service area, for collection of construction and demolition debris, garbage, recycling, organic materials and large items and subsequent delivery to a permitted solid waste facility. Collection utilizing debris boxes may be on a temporary or permanent basis, in accordance with the terms of the franchise agreement between the city and the franchised hauler.

I.

Organics prohibited from use as alternative daily cover. Pursuant to the provisions of Assembly Bill 1594 (AB 1594) the franchised hauler, and any commercial or residential generators who self-haul organics, may not direct their organic materials for use as alternative daily cover (ADC). If the city manager determines that the franchised hauler or any other generator has directed any organic materials for use as ADC, the city manager will notify the franchised hauler or generator of the requirements of this provision. Repeated instances of directing organic materials for use as ADC may result in enforcement action as per Section 6.12.120.

J.

Organic materials subscription. All organic materials generators shall subscribe to city's organic waste collection services for all organic waste generated, and shall participate in the city's organic waste collection service by placing materials in designated containers and not placing any prohibited container contaminants in those containers. Generators may additionally manage their organic materials by preventing or reducing their organic materials, managing organic materials on-site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(Ord. No. 2021-482, § 1, 11-9-2021)

A.

Sufficient container capacity and storage of containers. All persons occupying or maintaining any premises within the city where garbage, organic materials and recyclable materials are created, produced or accumulated shall maintain sufficient standard containers for receiving and holding all garbage, organic materials and/or recyclable materials which are produced, created or accumulated on such premises. No containers or roll-off bins shall be allowed to be stored in the public streets, alleys or rights-of-way. In commercial areas of the city that have limited space for the placement of containers, upon written request of the property owner or occupant, the city may allow the bins or carts as provided by the franchised hauler to be placed in public parking lots expressly for the purpose of normal weekly collection by the franchised hauler.

B.

Design review. The design of any new, substantially remodeled or expanded building or other facility shall provide for proper storage of garbage, organic materials and recyclable materials and which will allow for efficient and safe waste removal or collection. The design shall be submitted for approval to the city manager and shall meet all applicable regulations.

C.

Ownership of recyclable materials. All recyclable materials placed in containers designated for recyclable materials provided by any franchised hauler shall be considered owned by and be the responsibility of the franchised hauler. Without permission of the franchised hauler, no person shall remove recyclable materials placed in such containers. All recyclable materials placed in recyclable materials containers provided or owned by the generator, shall be considered owned by and be the responsibility of that generator until the material is placed at a franchised hauler's designated point of collection and in containers described in Section 6.12.030.A. It shall be unlawful for any person to engage in the business of collecting, removing or transporting, or otherwise organize or direct the collection, removal or transportation of recyclable materials without being a franchised hauler or meeting the self-haul requirements of Section 6.12.100C.

(Ord. No. 2021-482, § 1, 11-9-2021)

A.

Nuisance prohibited. No person shall accumulate solid waste in any amount that creates a nuisance. If accumulation of solid waste creates a nuisance, the city manager may require a more frequent collection schedule and/or removal of the accumulated solid waste. Furthermore:

Putrescible solid waste including garbage and organic materials shall not be allowed to remain on the premises for more than seven days.

The occupant of any property may not dispose of solid waste on their property (with the exception of organic materials that are composted on-site via backyard composting).

No person shall throw or deposit, or cause to be thrown or deposited, any solid waste upon any premises whatsoever except at a permitted solid waste facility.

It is unlawful for any person to burn, or cause to be burned, any solid waste within the city.

It is unlawful for any person to dispose of any burning ash or embers in solid waste containers.

B.

Littering of streets prohibited. It shall be unlawful for any person to cause the accumulation or deposit of dirt, mud, sand, rocks, gravel, or debris on the surface of any street of the city by the tracking of motor or horse drawn vehicles or in any other way.

C.

Hauling and transport. No generator, self-hauler or franchised hauler shall transport solid waste over any public street, alley, right-of-way or parking plaza unless solid waste is contained and covered in such a manner as to prevent the dropping or spilling of any solid waste, litter, or liquid upon the public street, alley, right-of-way or parking plaza.

(Ord. No. 2021-482, § 1, 11-9-2021)

A.

Commercial generators responsible for compliance. Each commercial generator, as defined in Section 6.12.010.E., shall be responsible for ensuring and demonstrating its compliance with the requirements of this chapter, including all multi-family dwellings of five units or more.

B.

Commercial recycling and organics collection required. Each commercial generator shall subscribe to a level of service with the franchised hauler that is sufficient to handle the volume of recyclable materials and organic materials generated or accumulated on the premises. Additionally, each commercial generator shall ensure the proper separation of solid waste, as established by the franchised hauler, by placing each type of material in designated receptacles or containers, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on-site conduct proper separation of solid waste. Commercial organic materials generators shall comply with the following requirements and all applicable regulatory requirements under the Act or be subject to enforcement action, as determined by the city manager and/or designee. Generators that are commercial generators, including multi-family residential dwellings, shall:

Subscribe to the city's three-container collection services and comply with requirements of those services as described below, except commercial generators that meet the self-hauler requirements in Section 6.12.050.C of this ordinance. The city and or franchise hauler 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 generators shall adjust their service level for their collection services as requested by the city.

Except commercial generators that meet the self-hauler requirements in Section 6.12.50.C of this ordinance, participate in the city's organic materials collection service(s) by placing designated materials in designated containers as described below.

a.

Generator shall place source separated green container organic materials, including food waste, in the designated organic materials container; source separated recyclable materials in the designated recycling container; and garbage in the designated garbage. Generators shall not place materials designated for the garbage container into the organic materials container or recycling container.

Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with requirements described below) for employees, contractors, tenants, and customers, consistent with the city's collection service or, if self-hauling, per the commercial generators' instructions to support its compliance with its self-haul program, in accordance with Section 6.12.050.C.

Excluding multi-family residential dwellings, provide containers for the collection of source separated green container organic materials and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial generator does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

a.

A body that is gray or black for garbage, blue for recycling, and green for organics. A commercial generator 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 labels 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.

Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirements in this section pursuant to 14 CCR Section 18984.9(b).

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 generators' instructions to support its compliance with its self-haul program, in accordance with Section 6.12.050.C.

Excluding multi-family residential dwellings, periodically inspect organic materials, recycling, and garbage 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).

Annually provide information to employees, contractors, tenants, and customers about organic materials recovery requirements and about proper sorting of source separated organic materials and source separated recyclable materials.

Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated organic materials and source separated recyclable materials separate from garbage (when applicable) and the location of containers and the rules governing their use at each property.

Provide or arrange access for the city or its representative to their properties during all inspections conducted in accordance with Section 6.12.80 of this ordinance to confirm compliance with the requirements of this ordinance.

Accommodate and cooperate with the collector's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate generator's compliance.

If a commercial generator wants to self-haul, the commercial generator shall meet the self-hauler requirements in Section 6.12.050.C of this ordinance.

Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic materials on-site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

Commercial generators that are commercial edible food generators, as defined in Chapter 6.13, shall comply with food recovery requirements, pursuant to Chapter 6.13 of the city's municipal code.

C.

Commercial business self-haul. Nothing in this chapter shall preclude any commercial business from self- hauling recyclable materials or organic materials generated by that commercial business to a recycling or organics processing facility, provided that the responsible parties source separate all recyclable materials and organic materials (materials that the city otherwise requires generators to separate for collection in the City's organics and recycling collection program) generated on-site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2.

Source separated organic materials must be hauled to a solid waste facility, operation, activity, or property that processes or recovers source separated organic materials. Alternatively, self-haulers may haul organic

materials to a high diversion organic materials processing facility.

Self-haulers that are commercial businesses (including multi-family residential dwellings) shall keep a record of the amount of organic materials delivered to each solid waste facility, operation, activity, or property that processes or recovers organic materials; this record shall be subject to inspection by the city. The records shall include the following information:

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

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

Complete and retain on-site a self-hauling form certifying that all self-hauling activities will be completed in accordance with this chapter or any other applicable law or regulation. A copy of such form shall be completed and remitted annually to the city manager.

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 materials.

D.

Exemptions to mandatory commercial recycling and organics. Pursuant to 14 CCR Section 18984.11, the City may grant waivers to generators for physical space limitations and/or de minimis volumes, commercial business seeking an exemption shall submit their request for waver in a form specified by the city manager, if one exists. After reviewing the waiver request, and after an on-site review, if applicable, The City Manager May Either Approve Or Deny The Waiver Request.

De minimis waivers: The city may waive a commercial business' obligation (including multi-family residential dwellings) to comply with some or all of the organic materials requirements of this ordinance if the commercial business provides documentation that the business generates below a certain amount of organic materials material as described in 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 below.

b.

Provide documentation that either:

i.

The commercial business' total solid waste collection service is two cubic yards or more per week and disposed organic materials 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 disposed organic materials comprises less than ten (10) gallons per week per applicable container of the business' total waste.

iii.

For the purpose of subsections (i) and (ii) above, total solid waste collection shall be the sum of weekly garbage collection container volume, recyclable material collection container volume and organic materials collection container volume, measured in cubic yards.

c.

Notify the city if circumstances change such that commercial business' organic materials exceeds threshold required for waiver, in which case waiver will be rescinded.

d.

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

Physical space waivers: The city may waive a commercial generator's or property owner's obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic materials 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 materials collection requirements. A commercial generator 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 the designated recycling containers and designated organic materials containers including documentation from its hauler, licensed architect, or licensed engineer.

c.

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

The state, a special district or other local public agency other than the city, as defined, or any employee thereof, when collecting or transporting recyclable materials produced by operation or system of the entities described above.

Municipal corporations and governmental agencies other than city using their own vehicles and employees engaged in the collection, transportation or disposal of recyclable materials within the boundaries of the city.

E.

Implementation. Each commercial generator shall use containers to collect and store recyclable materials and organic materials, and shall designate areas to collect and/or store these materials. Each commercial generator shall prominently post and maintain one or more signs in maintenance or work areas or common areas where recyclable materials and organic materials are collected and/or stored that specify the materials to be recycled and how to recycle such material. The city shall notify and instruct commercial generators in writing of applicable recycling and organics requirements. Upon request by commercial generators, the city will also provide outreach and training to commercial generator employees and tenants regarding what materials are required to be recycled and how to recycle such material. Additionally:

The city manager shall annually work with the franchised hauler to identify commercial generators subject to the requirements in this chapter.

The city manager shall review franchised hauler data to confirm whether all commercial generators are compliant with the requirements of this chapter by reviewing subscription levels of garbage, organics and recycling collection services. Those commercial generators who do not subscribe to the required collection services with the franchised hauler will be notified of the requirement to subscribe or self-haul organics and recyclables. Those commercial generators who do not subscribe to the required services with the franchised hauler but who can produce evidence of legitimate self-haul of organics and recyclables will be deemed compliant with this chapter, whereas those who cannot will be deemed non-compliant.

The city manager shall work with the franchised hauler to conduct site visits with select commercial generators each year, covering all commercial generators every five years, in order to document whether commercial generators participate in the required recycling and organics collection programs (not just subscribe) and are therefore in compliance with the requirements of this chapter.

The city manager shall annually work with any non-compliant commercial generators in order to bring them into compliance with the requirements of this chapter by providing outreach, education, and technical assistance to facilitate compliance.

Commercial generators shall be responsible for ensuring and demonstrating compliance with the requirements of this chapter within thirty (30) days of notification of non-compliance. Failure to demonstrate compliance with the requirements of this chapter shall be cause for enforcement.

(Ord. No. 2021-482, § 1, 11-9-2021)

A.

Special event recycling and organics collection required. For a special event, in addition to any other conditions the city requires as part of the special event permit, the responsible party shall either arrange for commingled or source separated collection and processing of garbage, recycling and organics with the franchised hauler or shall arrange for and provide recycling and organics containers throughout the event location to make source separation of recyclable materials, organic materials and garbage convenient for the employees, volunteers, contractors, customers of the food vendors and attendees of the event. This includes arranging for collection and appropriate processing of all garbage, organics and recycling collected during the special event. Requirements for special events not utilizing commingled or source separated collection services provided by the franchised hauler include:

The minimum number of recycling and organic containers shall equal or exceed the number of garbage containers. Containers for garbage, organics and recyclables shall be collocated throughout the event location in order to provide equally convenient access to users.

All of the containers must have appropriate signage and be color coded to identify the type of materials to be deposited and meet any additional design criteria established by the city by regulation.

Food vendors must have at least one separate container each for recyclable materials, organic materials and garbage for use by customers and visitors. Multiple food vendors that provide disposable food service ware and share a common eating area may share an appropriate number, size, and placement of containers for recyclable materials, organic materials and garbage for convenient use by customers or visitors or have common access to such a container which shall be located within a reasonable proximity of the vendors.

The types of recyclable materials suitable for deposit into each container shall include, at a minimum; plastic bottles and jars, paper, cardboard, glass, newspaper, metal containers, and cans. Each recycling

container shall be clearly identified as a recycling container and shall display a list of types of recyclable materials which may be deposited into the recycling container.

Mobile food vendors subject to Chapter 8.34.140 of the Municipal Code shall comply with this Chapter 6.12.110.

(Ord. No. 2021-482, § 1, 11-9-2021)

A.

City manager authorization. The city manager is authorized to administer and enforce the provisions of this chapter. The city manager, or anyone designated by the city manager to be an enforcement officer, may exercise such enforcement powers. If the city manager determines that a solid waste generator is in violation of this chapter or of any rule or regulation adopted pursuant to this chapter, the city manager may begin enforcement proceedings. Public nuisance proceedings and/or code enforcement proceedings under the city's code shall apply, in addition to the administrative penalties approved by resolution of the city council, as modified from time to time. Enforcement proceedings may include issuing notices of violation, requiring changes in subscription service levels or assessing administrative fines.

B.

Administrative citations and orders. If the city manager determines that a solid waste generator is in violation of this chapter, the city manager may issue administrative citations or orders pursuant to the Los Altos Municipal Code Chapter 1.30, for violations of this chapter or of any rule or regulation adopted pursuant to this chapter, except as otherwise provided in this chapter. The city's procedures on imposition of administrative fines are hereby incorporated in their entirety and shall govern the imposition, enforcement, collection and review of administrative citations or orders issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, provided, however, that the city manager may adopt regulations providing for lesser penalty amounts. The city manager has the authority to impose administrative penalties for the notices of violations.

C.

Additional remedies. The city attorney may seek injunctive relief or civil penalties in the superior court in addition to the above remedies and penalties. All administrative civil penalties collected from actions pursuant to this section shall be paid to the city and shall be deposited into a solid waste administrative account that is available to fund activities to implement the applicable provisions of this section. Any remedy provided under this section is cumulative to any other remedy provided in equity or at law. Nothing in this chapter shall be deemed to limit the right of the city or its authorized collection agent(s) to bring a civil action; nor shall a conviction for such violation exempt any person from a civil action brought by the city or its authorized collection agent(s). The fees and penalties imposed under this chapter shall constitute a civil debt and liability owing to the city from the persons, firms or corporations using or chargeable for such services and shall be collectible in the manner provided by law. Nothing in this chapter shall be deemed to impose any liability upon the city or upon any of its officers or employees including without

limitation under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA). This chapter does not do any of the following:

Otherwise affect the authority of the city manager to take any other action authorized by any other provision of law.

Restrict the power of a city attorney, district attorney or the attorney general to bring in the name of the people of the state, any criminal proceeding otherwise authorized by law.

Prevent the city manager from cooperating with, or participating in, a proceeding specified in Section 6.12.120.

Affect in any way existing contractual arrangements, including franchises, permits or licenses, previously granted or entered into between the franchised hauler and the city.

(Ord. No. 2021-482, § 1, 11-9-2021)

A.

The city's representatives and/or its designated entity, including designees are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this ordinance by organic materials generators, commercial generators (including multi-family residential dwellings), property owners, commercial edible food generators (as defined in Chapter 6.13), haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the City to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial generator containers for compliance with this ordinance, jurisdiction may conduct container inspections for prohibited container contaminants using remote monitoring, and all generators shall accommodate and cooperate with the remote monitoring.

B.

Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's employee or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities (as further described in Chapter 6.13), records, or any other requirement of this ordinance described herein. Failure to provide or arrange

for: (i) access to an entity's premises; (ii) access to records for any inspection or investigation is a violation of this ordinance and may result in penalties described.

C.

Any records obtained by the 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.

D.

City representatives, its designated entity, 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.

(Ord. No. 2021-482, § 1, 11-9-2021)

The city manager may adopt necessary forms, rules, regulations and guidelines which may be necessary or desirable to aid in the administration or enforcement of the provisions of this chapter. The city may provide information on its website regarding what materials are accepted as recyclable materials, organic materials, and garbage under this chapter.

(Ord. No. 2021-482, § 1, 11-9-2021)