Merced Municipal Code Art. IV Green Waste

A. Green waste. "Green waste," as used in this chapter, means any plant material that is separated at the point of collection. Green waste includes, but is not limited to, yard trimmings, plant wastes and untreated wood wastes. Green waste does not include treated wood waste, mixed demolition or mixed construction debris.

B. Organic waste. "Organic waste," as used in this chapter, means any material that is biodegradable and comes from either plant or animal. Organic waste includes, but is not limited to, leaves, grass, agricultural crop residues, and food scraps.

(Ord. No. 2514, 3-16-2020)

The following requirements, as contained in this article, covering the handling of accumulations of green or organic waste material to be observed by the occupants of places of residence and places of business are established. The director of public works is hereby authorized to promulgate administrative rules and procedures subject to the approval of the city manager which are necessary and proper to ensure the efficient operation of the green and organic waste program. The city council in establishing this rule-making authority specifically reserves unto itself the authority to set rates and charges.

(Ord. No. 2514, 3-16-2020)

A. No person shall be required to use the collection services provided by the city if that person can establish to the city's satisfaction that any one (1) of the following conditions are met:

1. That the property the person owns, occupies, possesses, or controls is undeveloped and/or does not produce any green or organic waste material;

2. That all green or organic waste material produced or accumulated at the property is disposed of by agreement with and through the use of the approved green waste or organic waste container of a person subscribing to the service provided by the city;

3. That the person self-hauls all green or organic waste material to an approved processing site in accordance with the procedures set forth in subsection B. of this section.

B. Any person subject to the requirements of this article who opts to self-haul green or organic waste material that is produced or accumulated on the person's property ("self-haulers"), as permitted by subsection A.3. of this section shall do so subject to the following conditions:

1. The owner, occupant, or manager of a property may collect and transport green or organic waste material generated on the property to an authorized processing site. Owners, occupants, and managers of properties who self-haul such materials, as provided in this section, may not contract with any entity other than the city for transport services, unless: (a) the entity does not charge any transport fee, and (b) the entity pays the owner compensation for such materials.

2. A landscaping or gardening contractor hired by the owner, occupant, or manager of a property may remove green or organic waste materials from the property where that contractor is working, if the removal is an incidental part of the gardening, landscaping, tree trimming, cleaning, maintenance, construction, or other similar service such contractor is providing.

3. Self-haulers shall make an application on forms developed by the director of public works. Self-haulers shall submit to the director of public works following every calendar quarter, i.e., April 1st, July 1st, October 1st, and January 1st, ("reporting dates"), evidence, including receipts, of self-hauling to an authorized processing center. Such self-haul certification shall be submitted on forms developed by the director of public works which includes a declaration under the penalty of perjury that the submittal is true and correct. The purpose of the submittal is to ensure that green or organic waste materials are diverted from landfills and that the city gets credit for such diversion under AB 939. Should any self-hauler fail to submit the self-hauler certification later than thirty (30) days after the reporting date therefor, the self-haul authorization shall be revoked following notice from the city and the self-hauler shall thereafter be subject to the rates and charges set forth in Section 8.04.780 and 8.04.800 of this chapter for a period of no less than one (1) year.

C. With the exception of those who self-haul green or organic waste material from their property, or a licensed landscaping or gardening contractor, in compliance with this section, it is unlawful, subject to punishment in accordance with Chapter 1.12 of this Code, for any person other than the city to collect and transport green or organic waste material, unless: (1) no transport fees are charged, and (2) compensation is paid to the owner of the green or organic waste material. Except as provided in this section, it is unlawful, subject to punishment in accordance with Chapter 1.12 of this Code, for any person to solicit or attempt to obtain from the owner, occupant, or manager of any residential or commercial property in the city permission to remove green or organic waste material, unless: (1) no transport fees are charged, and (2) compensation is paid to the owner of the green or organic waste material. The city may revoke any exemption granted pursuant to this section upon a determination that the factual basis for it no longer exists. A provider of transport services under this section must comply with the business license provisions of Title 5 of this Code.

(Ord. No. 2514, 3-16-2020)

Containers which are provided by the city shall be the exclusive containers for the deposit of green or organic waste material and shall be kept in good repair by the customer, reasonable wear and tear excepted. The cost to replace a city container which is lost, damaged, or not returned to the city upon cessation of service shall be charged to the customer.

(Ord. No. 2514, 3-16-2020)

Residential and commercial curbside green or organic waste collection customers shall place container(s) provided by city at the curb on the designated day of collection and in a location accessible to solid waste collection trucks.

(Ord. No. 2514, 3-16-2020)

It shall be unlawful, subject to punishment in accordance with Chapter 1.12 of this Code, for any person to place, keep or cause, or suffer or permit to be placed or kept, any receptacle for solid waste, rubbish, green waste, other waste matter or recyclables upon the any public street, curb, sidewalk, alley or public way except in the location that has been designated by the city, and then only after four p.m. on the day preceding the day designated, and on the day designated by the city for the collection thereof until nine p.m. No aforementioned receptacle shall be stored between collection days in such a manner that it is visible from the public right-of-way.

(Ord. No. 2514, 3-16-2020)

Except as provided in Section 8.04.720, no person shall place any green or organic waste material or permit or allow any green or organic waste material to be placed in the city's or any other person's receptacle without the consent of the city or such other person. No consent is given by the city for any person to place green and organic waste material in city receptacles intended for use of others.

(Ord. No. 2514, 3-16-2020)

It shall be the duty of the director of public works of the city or designee(s) to collect all green or organic waste material from the places of residence and places of business in the city and to deposit such matter so collected as soon after collection as is reasonably possible at the place provided for by the city.

(Ord. No. 2514, 3-16-2020)

Unless exempt pursuant to Section 8.04.720, the fees and charges for collection of green or organic waste material is established as follows:

(Ord. No. 2514, 3-16-2020)

Each residential unit for which a building permit is issued on or after January 1, 2004 shall pay an additional one-time charge for green or organic waste service, at the time of issuance of said permit as follows:

(Ord. No. 2514, 3-16-2020)

Unless exempt pursuant to Section 8.04.720, the fees and charges for collection of green or organic waste material for each business are established as follows:

Green or Organics Collection Rates Effective July 1, 2020

Green or Organics Collection Rates Effective July 1, 2021

Green or Organics Collection Rates Effective July 1, 2022

Green or Organics Collection Rates Effective July 1, 2023

Green or Organics Collection Rates Effective July 1, 2024

(Ord. No. 2514, 3-16-2020; Ord. No. 2533, § 2, 10-18-2021)