Mendocino County Municipal Code Ch. 9A.16 Containers

(A) All owners or occupants who have contracted with a franchised hauler shall be provided with Containers for receiving and holding, without leakage or escape of odors, all refuse produced, created, deposited, or accumulated upon their premises, and all such refuse shall be deposited in such containers. Containers shall be at all times kept in good, useful and sanitary condition and shall be kept continuously closed except when material is being placed therein or removed therefrom, and shall at all times be closed against the access of flies, rodents and other animals.

(B) Containers shall not be placed at the point of collection earlier than twelve (12) hours prior to the date and time of scheduled collection, nor left there longer than twelve (12) hours following collection, regardless of whether the point of collection lies on public or private property. When not set out for collection, the Containers shall be removed not less than ten (10) feet away from the vehicular right-of-way. Under no circumstances may the Containers be left continuously at the point of collection where the point of collection is at the edge of the vehicular right-of-way.

(C) A Container left in place by a customer in violation of the requirement for removal following collection may be tagged with a notice of violation. In case of repeated violation, the Enforcement Officer may instruct the franchised collector to cancel service and remove the Container.

(D) The restriction set forth in subsection (B) above shall not apply to those customers who subscribe to special service whereby the franchised collection enters their property, brings the Container to the road where it can be emptied, and then returns it to its original location.

(E) The County and/or County Designee may allow modifications on a case-by-case basis to the Container restrictions in subsection (B) upon finding that all feasible measures to comply have been taken.

(Ord. No. 4506, § 2, 6-7-2022)

All premises receiving collection services shall have sufficient Containers or equivalent bin capacity to hold all refuse created, produced or accumulated on the premises between removals. County shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and a generator shall adjust its service level for its collection services as requested by the County.

(Ord. No. 4506, § 2, 6-7-2022)

Containers shall be placed for collection as follows:

(A) Single-Family Dwelling residential units:

(1) Where alleys exist with well-maintained, all-weather surfaces, immediately adjacent to and accessible from the alley; or

(2) Where alleys do not exist or do not meet the criteria in Subsection (A)(1) of this section, immediately adjacent to the nearest County or State maintained road, and accessible to the franchised collector without the necessity of entering a fenced yard; and further provided, that the County may approve an agreement between the customer and the franchised collector as to an alternate location for Containers.

(B) Multi-Family Residential Dwellings, businesses, motels, hotels and trailer and/or mobile home parks: Containers for service to multiple dwelling buildings, businesses, motels, hotels, and trailer and/or mobile home parks shall be placed immediately adjacent to and accessible from the nearest County or State maintained road, or in locations that are mutually agreed upon by the property owner and the franchised collector. Drop boxes and bins shall be located at an easily accessible location as agreed upon between the customer and the franchised collector. In case of dispute, the location shall be determined by the County.

(C) Exceptions: Containers for required service may be placed on premises at a location other than as provided in Subsections (A) and (B) of this Section if the customer and franchised hauler concur, and the customer agrees to pay an additional charge, if applicable, as set forth in the schedule of charges established in the waste collector's franchise agreement.

(D) Generators subject to SB 1383. In addition to the above requirements, Generators subject to SB 1383 shall be subject to the following:

(1) Commercial Businesses, including Multi-Family Residential Dwellings shall supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers consistent with the County's Blue Container, Green Container, and Gray Container collection service, or, if self-hauling, per the Commercial Businesses' instructions to support its compliance with its self-haul program, in accordance with this ordinance.

(2) Commercial Businesses, excluding Multi-Family Residential Dwellings, shall provide Containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all areas where disposal containers are provided for customers. Such containers do not need to be provided in restrooms. If a Commercial Business 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.

(Ord. No. 4506, § 2, 6-7-2022)

(A) General Requirements: Containers for refuse left on the premises by the solid waste collector shall have printed or marked thereon a symbol of designation of the premises to which the container belongs. The solid waste collector may collect and remove any container which does not have the symbol plainly marked thereon.

(B) Generators subject to SB 1383. In addition to the above requirements, Generators subject to SB 1383 shall be subject to the following: Pursuant to 14 CCR Section 18984.9(b), Commercial Businesses, excluding Multi-Family Residential Dwellings shall provide containers that comply with either of the following:

(1) A body or lid that conforms with the container colors provided through the collection service provided by the County.

(2) 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.

(Ord. No. 4506, § 2, 6-7-2022)

(A) A Commercial Business that is not a generator subject to SB 1383 but that generates two (2) cubic yards or more of commercial solid waste, as defined in Public Resources Code Section 42649.1, per week and provides customers access to the business shall provide customers with a Container for Organic Waste to collect material purchased on the premises for immediate consumption and that fulfills all of the following requirements:

(1) Is in the same area as a Container for Solid Waste other than Organic Waste, except in restrooms.

(2) Is visible and easily accessible.

(3) Is clearly marked with educational signage indicating what is appropriate to place in the Container for Organic Waste in accordance with state law and the County's solid waste ordinances and practices.

(B) Full-service restaurants (as defined in Public Resources Code section 42649.8) are exempt from the requirements of this section if the full-service restaurant provides its employees a Container for Organic Waste to collect material purchased on the premises for immediate consumption and implements a program to collect Source Separated Organic Waste.

(C) Exemptions: The County may approve exemptions from the requirements of this section on a case-by-case basis for any of the following reasons:

(1) Lack of sufficient space in Multi-Family Residential Dwellings or Commercial Businesses to provide additional Containers for Organic Waste.

(2) The current implementation by a Commercial Business of actions that result in the Recycling of a significant portion of its Organic Waste.

(3) The Commercial Business does not generate at least one-half (½) of a cubic yard of Organic Waste per week.

(4) Limited-term exemptions for extraordinary and unforeseen events.

(Ord. No. 4506, § 2, 6-7-2022)

(A) A Commercial Business that is not subject to SB 1383 but that generates four (4) cubic yards or more of commercial solid waste, as defined in Public Resources Code Section 42649.1, per week and provides customers access to the business shall provide customers with a Container to collect Recyclable Materials purchased on the premises and that fulfills all of the following requirements:

(1) Is in the same area as a Container for Solid Waste other than Recyclable Materials, except in restrooms.

(2) Is visible and easily accessible.

(3) Is clearly marked with educational signage indicating what is appropriate to place in the Container for Recyclable Materials in accordance with state law and the County's solid waste ordinances and practices.

(B) Full-service restaurants are exempt from the requirements of this section if the full-service restaurant provides its employees a Container for Recyclable Materials to collect Recyclable Materials purchased on the premises and implements a program to collect Recyclable Materials.

(Ord. No. 4506, § 2, 6-7-2022)

(A) Pursuant to the terms and conditions of any franchise agreement between the County and any authorized recycling entity, each residential unit subscribing to the service shall be provided with suitable and sufficient containers to store segregated recyclable materials, including Organic Waste as applicable, to be made available for pick-up.

(B) All such residential containers shall be and remain the property of the authorized recycling entity, and shall not be used for any purpose other than the segregation and curbside placement of recyclable materials.

(C) It is the duty of the occupant to maintain containers in a reasonably safe, clean and secure manner.

(D) Containers that have become unusable shall be replaced by the authorized recycling entity in accordance with the approved fee schedule of the applicable franchise agreement.

(E) Generators subject to SB 1383. In addition to the above requirements, Generators subject to SB 1383 shall be subject to the following: Commercial Businesses, excluding Multi-Family Residential Dwellings, shall: (1) to the extent practical, prohibit employees from placing materials in a container not designated for those materials; and (2) periodically inspect containers for contamination and inform employees if containers are contaminated and the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

(Ord. No. 4506, § 2, 6-7-2022)

All persons who subscribe or voluntarily participate in the recyclable material collection program established by this Title, shall prepare and separate those recyclable materials that the County has contracted for pick-up by the authorized recycling entity from other garbage, rubbish and refuse as required by this Title or any collection franchise agreement entered into by the Board and thereafter have the segregated recyclable materials placed within containers as required by this Title, or within the designated collection location, which shall be collected by the authorized recycling entity.

(Ord. No. 4506, § 2, 6-7-2022)

The County may inspect or cause to be inspected, at regular intervals, refuse containers and shall be the sole judge of the condition of such containers as to their fitness for use.

(Ord. No. 4506, § 2, 6-7-2022)