McFarland Municipal Code Ch. 8.12 Garbage Collection and Regulation

Footnotes:

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Editor's note— Ord. No. 290-2004, § 3(G), adopted July 15, 2004, repealed §§ 8.12.030—8.12.140, and enacted new §§ 8.12.030—8.12.100 as set out herein. The former §§ 8.12.030—8.12.140 pertained to similar subject matter and derived from Ord. No. 120, 1970; Ord. No. 151, 1976; Ord. No. 188, 1981; Ord. No. 238, 1990 and Ord. No. 241, 1992.

The city council finds and determines that the storage, accumulation, collection and disposal of refuse, trash, rubbish, solid waste, debris and other discarded material is a matter of great public concern, in that improper control of such matters creates a public nuisance, which may lead to air pollution, fire hazards, illegal dumping, insect breeding and rat infestation and other problems affecting the health, welfare and safety of the residents of the city and surrounding cities. The city council further recognizes that recycling and waste reduction is of national, regional, and local importance, and that the adoption of uniform regulations for the collection, disposal, recycling, and transportation of solid waste, recyclable and compostable materials as provided in this chapter are designed to abide by State laws and eliminate environmental problems.

(Ord. No. 290-2004, § 3(A), 7-15-04; Ord. No. 291-2004, § 1(A), 7-15-04)

Whenever in this chapter the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the definitions following in this section. The enumeration of substances in this chapter shall not be deemed exclusive, the classification of substances not herein named to be determined by their character.

"Bulky items" means non-putrescible solid wastes consisting of combustible and non-combustible waste materials from residential dwelling units, commercial, industrial, or institutional establishments which are either too large or too heavy to be safely and conveniently loaded in solid waste collection vehicles.

"C&D debris" (construction and demolition debris) means solid waste that is collected by on appointment only and not as regular and continuous, scheduled collection service. Examples of C&D debris include waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures, such as fully cured asphalt, concrete, brick and lumber and wood, gypsum wallboard, roofing material, tile, glass, metal, carpeting and floor covering, plastic pipes; heating, ventilating and air conditioning systems and their components; lighting fixtures; and furnishings and fixtures.

"City" means the city of McFarland.

"City agent" means any person or corporation, or the employees or agents thereof, with whom the city may contract for the collection and/or disposal of garbage, rubbish and other refuse.

"Commercial refuse bin" means a solid waste storage container which is designed for front-loading refuse collection trucks and is utilized by a commercial, industrial or institutional establishment.

"Commercial waste" means solid waste and recyclable materials which result from the operation of any commercial, industrial or institutional establishment.

"Garbage" means and includes all animal and vegetable refuse from kitchen and all household waste that has been prepared for or intended to be used as food, or that has resulted from the preparation of food; all animal refuse and decayed or unsound fruit or vegetable matter from any place whatsoever.

"Green waste" means organic waste that will decompose or putrefy generated form any landscape, including garden and yard waste such as grass, leaves, weeds, branches, brush, dead plants and trees (including Christmas trees) and bedding straw and clippings, prunings and trimmings therefrom, in sizes which can be placed in containers provided by the solid waste franchisee.

Hazardous waste" means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may do either of the following:

1. Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness.

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

"Medical waste" means and includes, without limitation, biohazardous waste or sharps waste, waste that is generated or produced as a result of the diagnosis, treatment or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals. Medical waste may contain infectious agents. "Medical waste" does not include any of the following: waste containing microbiological cultures used in food processing and biotechnology and any containers or devices used in the preparation or handling of these cultures that is not considered to be an infectious agent; waste that is biohazardous such as paper towels, paper products, articles containing non-fluid blood and other medical solid waste products commonly found in the facilities of medical waste generators, hazardous waste, radioactive waste, waste generated from residential uses, or waste generated from normal and legal veterinarian, agricultural and animal livestock management practices on a farm or ranch.

"Mixed C&D debris" means C&D debris that is not source separated recyclables C&D debris.

"Recyclable materials" means materials which are capable of being reprocessed or being manufactured and diverted to reuse and include, without limitation, office and higher grade paper, corrugated paper, newspaper, telephone books and cardboard, plastics, aluminum, ferrous metal, glass, tin and construction and demolition materials including dirt, concrete, brick, rock, asphalt, drywall, organics and other similar materials for which an end-market exists.

"Recyclables franchisee" shall mean any person obligated in a franchise agreement awarded by the city to collect, transport, process, market and divert from disposal recyclables (including, without limitation, source separated recyclable C&D debris) that generators have segregated from solid waste and discarded in recycling containers.

"Recyclables services" means collection, transportation, processing, marketing and disposal diversion of recyclable materials and source separated recyclable C&D debris.

"Recycling agent" means the authorized recycling agent of the city to collect source-separated, commingled, mixed material and other recyclable waste streams with a combined residual of no greater than twenty-five percent.

"Recycling container" means any container (including, without limitation, carts, bins and roll-off boxes) authorized or provided by the city or provided by the city's recyclables franchisee for the storage and collection of discarded: (1) recyclable materials that generators have segregated from solid waste and (2) source separated recyclable C&D debris, as indicated on the containers by color and/or labels.

"Refuse" means and includes any or all types of rubbish, refuse, garbage or waste material defined in this section.

"Rubbish" means trimmings from lawns, trees, plants or flower gardens; boxes, waste, wood, paper, straw, hay, packing materials, leaves, leather, rubber, clothing, carpets, bedding, feathers, bottles, glass, crockery, stone, brick, ashes, metal cans, wire, metals, and all refuse or waste matter of every description whatever excepting garbage.

"Solid waste" means all putrescible and non putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge, which is not hazardous waste, and other discarded solid and semisolid waste. Solid waste does not include hazardous waste or low-level radioactive waste regulated under Chapter 7.6 of Division 20 of the California Health and Safety Code. Solid waste does not include medical waste which is regulated pursuant to the Medical Waste Management Act, Chapter 6.1 of Division 20 of the California Health and Safety Code, provided that the medical waste is not disposed of at a solid waste facility. Medical waste which has been treated and is deemed to be solid waste pursuant to the Medical Waste Management Act is considered solid waste.

"Solid waste container" means any container (including, without limitation, carts, bins and roll-off boxes) authorized or provided by the city or provided by the city's solid waste franchisee for the storage and collection of discarded solid waste and mixed C&D debris, as indicated on the containers by color and/or labels.

"Solid waste franchisee" means any person obligated pursuant to a franchise agreement awarded by the city to collect, transport and dispose of solid waste (including mixed C&D debris) that generators have discarded in solid waste containers.

"Solid waste services" means collection, transportation and disposal of solid waste, mixed C&D debris and green waste.

"Source separated recyclable C&D debris" means inerts or a single type of C&D debris that is separated at the point of generation from other types of C&D debris and is not commingled with more than five percent other types of C&D debris (including by example, concrete, dry wall, wood, metals) and which contain no putrescible solid waste, that can be recycled or otherwise diverted.

(Ord. 120 §1, 1970)

(Ord. No. 290-2004, § 3(B), 7-15-04; Ord. No. 291-2004, § 1(B), 7-15-04; Ord. No. 303-2005, § 3(A, B), 9-8-05; Ord. No. 304-2005, § 1(A, B), 10-27-05)

A. Only the city shall be authorized and permitted to provide recycling and green waste services and solid waste services to residential, commercial and industrial recyclable, green waste, solid waste, and C&D debris generators in the city. The city may directly provide those services with municipal employees or it may provide those services by awarding one or more recycling and solid waste franchises. The city council may, by resolution, establish fees for these services and rules and procedures to be followed by recyclable, green waste, solid waste, and C&D debris generators as well as penalties for failure to pay fees and for failure to follow the rules and procedures. The city council may, by resolution, authorize the city's recyclable and solid waste franchisee to assess any such penalties. All such fees and penalties shall be collected by the city in the manner described in this Chapter 8.12 or elsewhere in the city's municipal code for any other fee or penalty. The city shall retain an administrative fee for processing the billing equal to ten percent of the penalties collected and the remainder shall be paid to the recyclable or solid waste franchisee. No person may refuse to pay service fees or penalties for solid waste or recyclables or green waste, provided, however, that persons authorized to collect, transport, process, market, and divert from disposal any recyclables or source separated recyclable C&D debris in accordance with Section 8.12.020(B) shall be exempt from payment of recycling service fees.

B. It is hereby declared unlawful for any person: (1) to collect, transport, process, market and divert from disposal any recyclables or source separated recyclable C&D debris; or (2) to collect, transport or dispose of any solid waste, mixed C&D debris or green waste, in the city except the following persons:

1. Any employee of the city acting within the scope of his or her employment.

2. A person engaged in the business of gardening or landscaping, when removing or disposing of garden trimmings incident to that person's business in vehicles that they own or lease.

3. A recyclables franchisee or solid waste franchisee.

4. Any owner of occupied premises located in the city who or which shall provide evidence satisfactory to the city manager in the city manager's sole discretion that the owner regularly collects, transports and delivers for recycling, processing, marketing and disposal diversion at least once every week substantially all recyclable materials generated at their premise, or will collect, transport and deliver for recycling, processing, marketing and disposal diversion all source separated recyclable C&D debris generated at that premise. However, no person may provide compensation, either directly or indirectly (such as by service fee credit, deduction or offset) to any person other than the recyclables franchisee to provide recyclables services.

C. No person shall violate Section 8.12.020(A) of this code designating the city and public works department as authorized recycling and solid waste collection agents. Violators of this section will be dealt with in the following manner: for the first offense, a fine not to exceed one thousand dollars per occurrence; for the second offense, a fine not to exceed five thousand dollars per occurrence; and for the third offense, confiscation of violators' equipment and vehicle(s) and a fine not to exceed ten thousand dollars per occurrence. Additional offenses to this section may result in imprisonment.

(Ord. 241 §4, 1992; Ord. 238 §3, 1990: Ord. 120 §2, 1970)

(Ord. No. 290-2004, § 3(C—E), 7-15-04; Ord. No. 291-2004, § 1(C—E), 7-15-10; Ord. No. 303-2005, § 3(C, D), 9-8-05; Ord. No. 304-2005, § 1(C, D), 10-27-05; Ord. No. 002-2010, § 1, 2-11-10; Ord. No. 055-2016, § 1,8-25-16; Ord. No. 074-2017, § 1, 9-14-17)

No person can cause, allow, or permit the accumulation or retention of solid waste or recyclable materials for a period in excess of seven consecutive days or in a manner which creates a threat or danger to the public health, safety or welfare or which creates a fire hazard. In addition to any other remedies provided by law, the city may abate a nuisance which creates a threat to the public health, safety or welfare or which creates a fire hazard.

(Ord. No. 290-2004, § 3(F), 7-15-04; Ord. No. 291-2004, § 1(F), 7-15-04)

A. Obligation and Amount. In consideration for the grant of the franchise agreements, all franchisees must pay a franchise fee to the city in the amount prescribed by resolution of the city council and in accordance with the terms of the franchise agreements and this chapter. Calculations will be truncated at four decimal places. A 4 th place decimal larger than five will be rounded up and less than 5 rounded down to the nearest decimal. Calculations less than one cent will not be considered.

B. Time. Franchisees must pay franchise fees monthly, due and payable on the first day of the second month immediately following the month in which solid waste services under the franchise agreements were rendered. For example, for services rendered in July, franchisees must pay a monthly franchise fee on September 1.

C. Payee. Franchisees must pay their franchise fees to the order of the city of McFarland.

D. Documentation and Warranty. Together with payment of their franchise fees, the person submitting the payment and the chief financial officer of the franchisee or other person acceptable to the city manager must submit the following (1) documentation and (2) representation and warranty:

1. Documentation in form and detail satisfactory to the city manager showing the basis for calculating the franchise fee, together with additional information that the city manager may determine to be necessary to calculate or verify the franchise fee; and

2. A representation and warranty as follows:

"I represent and warrant, under penalty of perjury of the laws of the State of California, that I am familiar with the financial transactions of [INSERT NAME OF FRANCHISEE] and am responsible for keeping and maintaining its financial records, including gross receipts thereof, and I have reviewed the [INSERT DATE AND DESCRIPTION OF ACCOMPANYING FRANCHISE PAYMENT ACCOUNTING STATEMENT]. To the best of my knowledge and belief, the statement is true, correct and complete."

Documentation and representations and warranties filed by franchisees will not be deemed conclusive as to the information presented or statements made therein. Franchisees' submission of documentation and representations and warranties does not preclude the city from taking additional measures and actions to collect franchise fees actually due and payable.

E. Late Payment Charges. If a franchisee does not fully and timely pay its franchise fee in accordance with subsection B of this section, the franchisee must pay a basic penalty of ten percent of the amount of the unpaid franchise fee plus interest equal to one and one-half percent of the total of: (1) the unpaid monthly charges; and (2) the basic penalty, for each month, or part of a month, that the monthly franchise fee has not been paid.

F. City Audit. The city may audit the records of franchisees and franchisees must provide city with copies of records within two weeks of city's request. If the city's audit demonstrates to the satisfaction of city that the franchise fees paid by contractor to city were understated, then franchisee will pay the city the amount of the understated franchise fees plus the greater of late payment charges provided in this section or the franchise agreement, within thirty days following city's submission of the results of the audit to franchisee.

G. License Fees or Business Taxes. Franchise fees are in addition to any license fee, business tax or other charge prescribed by the city.

H. Use of Franchise Fees. City may use the proceeds of the franchise fees for any costs and expenses of the city permitted under law, including, without limitation, those costs listed in Section 8.12.020(A).

(Ord. No. 303-2005, § 3(E), 9-8-05; Ord. No. 304-2005, § 1(E), 10-27-05)

Editor's note— Ord. No. 303-2005, § 3(E), adopted September 8, 2005, set out provisions intended for use as § 8.12.025. For purposes of classification, and at the editor's discretion, these provisions have been included as § 8.12.027.

A. Owners of occupied premises in the city shall subscribe to recyclables service and solid waste service at last once every week from the city, the recyclables franchisee or solid waste franchisee unless an owner is authorized to collect, transport and deliver for recycling, processing, marketing and disposal diversion its recyclable materials in accordance with Section 8.12.020(B)(4). The city, the recyclables franchisee or solid waste franchisee shall provide those premises with recyclables containers and solid waste containers for storage of recyclables and solid waste, respectively, prior to collection. Owners shall fully and timely pay (or cause their tenant, lessee or occupant of their premises) the service fees established by city council in accordance with Section 8.12.020(A).

B. Every person engaged in construction or demolition of improvements to real property, including property owners, contractors and subcontractors, shall subscribe to services for: (1) source separated recyclable C&D debris collection, transportation, processing, marketing and disposal diversion by the city or the recyclables franchisee and (2) mixed C&D debris collection, transportation, processing and/or disposal and disposal diversion by the solid waste franchisee unless an owner is authorized to collect, transport and deliver for recycling, processing, marketing and disposal diversion its source separated recyclable C&D debris in accordance with Section 8.12.020B4. City, the recyclables franchisee or solid waste franchisee shall provide those premises with recyclables containers and solid waste containers for storage of source separated construction and recyclable demolition debris and mixed C&D debris, respectively, prior to collection. Owners shall fully and timely pay (or cause their tenant, lessee or occupant of their premises) the service fees established by city council in accordance with Section 8.12.020(A). The city has designated a recycling rate of seventy-five percent by weight of these types of materials.

C. No person shall discard or deposit recyclables, solid waste or C&D debris onto public streets or easements or other public property, or private property other than their premise, subject to nuisance abatement at Chapters 8.20 and 8.24 of the McFarland Municipal Code. The city may require any person who violates this section to pay for the clean-up and collection, transportation, processing, marketing and/or disposal or disposal diversion of those improperly discarded materials.

D. Individual refuse and recycling charges may, as an alternative to any other billing method utilized by the city including, without limitation, billing on the property tax rolls, be billed on the same statement as other city utilities including water and sewer, and same shall be collected as one item, together with, and not separately from, the other utility service charges even if separately set forth and any delinquency in the payment of same shall be deemed a delinquency in payment for the water fees and city may, in addition to all other remedies available for the collection of same, terminate water service. The city council may, by order or resolution, establish one or more classes of persons as exempt in whole or in part from the foregoing provision.

(Ord. No. 290-2004, § 3(G), 7-15-04; Ord. No. 291-2004, § 1(G), 7-15-04; Ord. No. 303-2005, § 3(F), 9-8-05; Ord. No. 304-2005, § 1(F), 10-27-05; Ord. No. 326-2008, § 1, 3-13-08; Ord. No. 328-2008, § 1(b), 6-12-08)

A. It is unlawful for any persons to place, deposit or permit to be deposited in an unsanitary manner upon any public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage, rubbish, refuse, waste or other offensive or objectionable matter.

B. No person shall burn any refuse or other offensive substance in the open air within the city.

C. It is unlawful for any person, other than the owner thereof or a person authorized by the city to tamper with any solid waste container or bin on any premises, or to collect, remove, or dispose of the contents thereof.

D. No person other than a recyclables franchisee or solid waste franchisee shall (1) collect recyclable materials, solid waste or C&D debris from premises in the City or (2) carry, haul or transport those materials through the streets of the city unless authorized in accordance with Section 8.12.020(B)(4).

E. No person may litter recyclables, solid waste or C&D debris from their vehicle during collection, carrying, hauling or transporting those materials.

(Ord. No. 290-2004, § 3(G), 7-15-04; Ord. No. 291-2004, § 1(G), 7-15-04; Ord. No. 303-2005, § 3(G), 9-8-05; Ord. No. 304-2005, § 1(G), 10-27-05)

In no case shall solid waste or recyclables be collected on private property unless the following conditions exist:

A. If a resident of the household is either a senior citizen or is totally disabled.

B. The city manager determines that conditions exist for the collection of containers on private property for the convenience of disabled or disadvantaged resident(s).

In these instances, the city or its franchisee(s) will provide residents with walk-up service or a similar form of convenience for the collection of solid waste or recyclables.

(Ord. No. 290-2004, § 3(G), 7-15-04; Ord. No. 291-2004, § 1(G), 7-15-04; Ord. No. 002-2010, § 1, 2-11-10)

A. The direct authority for the effective management of solid waste and diversion of recyclables shall be vested in the city manager. It is the duty of the city manager to enforce the provisions of this chapter. The city manager shall have the right to inspect any and all premises to determine whether the provisions of this chapter have been observed. Any person denying or obstructing such inspection or in any way interfering with the performance of such duties will be in violation of this chapter.

B. The city manager shall have the authority to establish rules and regulations consistent with the intent of this chapter and governing specifically the collection, transportation, processing and diversion of solid waste and recyclables generated by residents and businesses in the city.

C. The city manager shall have the authority to determine which business and multi-family locations are designated for recyclable materials collection and processing and which are designated for collection and disposal of non-recycled solid waste.

D. The city manager shall have the authority and set rules for the separate collection of recyclables and solid waste pursuant to California Public Resources Code Sections 41950 et seq. The city manager shall adhere to guidelines of twenty-five percent residual disposal when evaluating the recyclability of specific waste targeted for processing and diversion.

E. City manager shall have final authority in resolving disputes between franchisee(s) and solid waste generators. In case of failure to resolve such disputes, the city council shall have ultimate authority.

F. City manager shall oversee the public works department and designated franchisee(s) for the collection of recyclables and solid waste from all generators within the jurisdictional borders of city.

(Ord. No. 290-2004, § 3(G), 7-15-04; Ord. No. 291-2004, § 1(G), 7-15-04; Ord. No. 002-2010, § 1, 2-11-10)

A. Commercial waste generated by businesses, construction sites, offices, retail, wholesale and other similar sites shall maintain a diversion rate of fifty percent for all commercial waste materials generated at each location.

B. Violations to this section may result in fines and increased solid waste collection and recycling fees. These fees shall be set by city council resolution and may result in revocation of a generator's business license if diversion goals are not met in a timely manner.

C. The city manager may provide recycling assistance to businesses and commercial generators upon request.

D. The city manager shall determine franchisee requirements, rules, fees, insurance and bonding requirements, terms of agreement and other contractual provisions. These items will be agendized for approval by city council and set by resolution.

E. The city manager shall determine hours of operation for the collection of residential, commercial and industrial waste streams so as not to disturb the peace of the city and to minimize impact on traffic, safety and noise. The hours of operation shall be developed by the city manager and presented to city council for approval by resolution.

F. In order to prevent problems of traffic, noise, wear and tear to public highways, or other problems having the potential to adversely affect the health, safety, and the general quality of life of the community, the city manager may, by city council resolution, regulate the routes, intervals, delivery points, and days for collection by franchisee(s) operating within the city from time to time hereafter.

(Ord. No. 290-2004, § 3(G), 7-15-04; Ord. No. 291-2004, § 1(G), 7-15-04; Ord. No. 002-2010, § 1, 2-11-10)

A. Bulky items collected by the city or its franchisee(s) must be recycled to the maximum extent possible with a diversion rate of no less than seventy-five percent. If the diversion of bulky items does not reach the seventy-five percent goal, the franchisee(s) may be assessed a penalty per ton of non-recycled bulky items to be set by resolution.

B. No less than twice annually, a bulky item collection program will be adequately publicized in accordance with guidelines and tasks approved by the city manager. City or franchisee(s) will work cooperatively to collect, transport, process and divert bulky items generated at residential facilities to ensure that seventy-five percent of the collected materials are diverted.

(Ord. No. 290-2004, § 3(G), 7-15-04; Ord. No. 291-2004, § 1(G), 7-15-04; Ord. No. 002-2010, § 1, 2-11-10)

A franchisee shall exercise all reasonable care and diligence in collecting refuse and recyclable material so as to prevent spilling, scattering or dropping refuse, recyclables, or other waste and shall immediately, at the time of occurrence, clean up any such spillage.

(Ord. No. 290-2004, § 3(G), 7-15-04; Ord. No. 291-2004, § 1(G), 7-15-04)

The violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

(Ord. No. 290-2004, § 3(G), 7-15-04; Ord. No. 291-2004, § 1(G), 7-15-04)