Milpitas Municipal Code Ch. 200 Solid Waste Management

Footnotes:

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Editor's note— Ord. No. 48.21, § 2, adopted December 5, 2017, in effect repealed former Ch. 200, §§ V-200-1—V-200-11, and added a new Ch. 200. Former ch. 200 pertained to similar subject matter, and derived from Ord. 48.12, adopted December 5, 1995; Ord. 48.13, adopted June 1, 1999; Ord. 48.14, adopted March 6, 2001; Ord. 48.15, adopted May 18, 2004; Ord. 48.16, adopted December 7, 2004; Ord. 48.17, adopted May 16, 2006; Ord. 48.18, adopted February 20, 2007; Ord. 48.19, adopted May 1, 2007; and Ord. 48.20, adopted May 20, 2008. Subsequently, Ord. No. 48.22, § 1, adopted December 7, 2021, amended the Code by repealing the Ch. 200, §§ V-200-1—V-200-11, that derived from Ord. No. 48.21, and adding a new Ch. 200.

It is hereby declared to be in the public interest and in the interest of all the residents of the City of Milpitas that the accumulation, preparation, storage, collection, transportation and disposal or processing of solid waste, recyclable materials, organic materials, and construction and demolition debris in the City of Milpitas be handled in such a manner so as to:

(a) Prohibit the harboring and breeding of rodents and insects;

(b) Reduce pollution of the air caused by burning, fermentation or putrefaction of such materials;

(c) Prevent the spread of disease;

(d) Reduce the hazards of fire and the prevention of unsightliness resulting in the depreciation of property values and the comfortable enjoyment of life; and

(e) Reduce the amount of waste disposed in landfills.

This Chapter is determined and declared to be a health, sanitary and safety measure necessary for the promotion, protection and preservation of the health, safety and general welfare of the people of the City of Milpitas and to establish an integrated waste management system that will enable the City to meet the mandated goals for reduced disposal tonnage as required by Public Resources Code Sections 42000 et seq., also known as the Integrated Waste Management Act.

(Ord. No. 48.22, § 1, 12/7/21)

The purposes and object of this Chapter are to accomplish the foregoing results, and the provisions thereof shall be liberally construed so as to give full effect to the accomplishment of such purposes and object.

(Ord. No. 48.22, § 1, 12/7/21)

The charges levied pursuant to this Chapter are for the privilege of having solid waste, recyclable materials, organic materials, and construction and demolition debris collected and are mandatory, unless an exemption is granted pursuant to Section 3 of this Chapter.

(Ord. No. 48.22, § 1, 12/7/21)

The design of any new, substantially remodeled or expanded building or other facility shall provide for proper storage or handling which shall accommodate the solid waste, recyclable material, and organic material loading anticipated and which shall allow for efficient and safe waste removal or collection. Solid waste, recyclable material, and organic material collection shall be accommodated on-site. The design shall comply with City requirements.

(Ord. No. 48.22, § 1, 12/7/21)

The definitions contained in this Section shall govern the construction of this Chapter, unless the context otherwise requires.

(a) Administrator. The "Administrator" means the City Manager or his or her designee.

(b) Agent. The word "agent" means a person, designated by the owner, as responsible for procuring and maintaining solid waste, recyclable materials, organic materials, and construction and demolition debris collection services.

(c) Authorized contractor. The words "authorized contractor" mean any person or persons, or the agents or employees thereof, with whom the city shall have duly contracted as hereinafter provided, or to whom City shall have issued a permit, to collect, remove, transport, recycle, or dispose of any or all solid waste, recyclable materials, organic materials, and construction and demolition debris generated, kept, or accumulated in the City.

(d) Blue container. The phrase "blue container" has the same meaning as in 14 CCR § 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container waste.

(e) Bin. "Bin" means a container with capacity of approximately one to eight cubic yards, with a hinged lid, and with wheels (where appropriate), that is serviced by a front-end loading collection vehicle.

(f) Brown container. The phrase "brown container" refers to the container used solely for the storage and collection of source separated food waste.

(g) Bulky item. The phrase "bulky item(s)" means discarded appliances, furniture, tires, carpets, mattresses, and similar large items that require special collection due to their size or nature, but can be collected without the assistance of special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. It does not include abandoned automobiles, large auto parts, or trees.

(h) California Code of Regulation or CCR. The phrase "California Code of Regulations" or "CCR" means the State of California Code of Regulations.

(i) CalRecycle. The word "CalRecycle" means the California Department of Resources Recycling and Recovery.

(j) Cart(s). "Cart(s)" means a plastic container with a hinged lid and wheels that is serviced by an automated or semi-automated collection vehicle. A cart has a capacity of 38, 45, 64, or 96 gallons (or similar volumes). A "split-cart" refers to a cart with vertical dividers designed to provide for separate placement in the cart of two types of materials.

(k) City. The word "City" means the City of Milpitas, California.

(l) Centralized collection service. The phrase "centralized collection service" means the level of service provided to a multiple family development that provides a designated collection point for solid waste, recyclable materials, organic materials, and construction and demolition debris in roll-off compactors. It is the responsibility of the property management of the development to provide move-in and semi-annual recycling program information to multi-family residents.

(m) Collect or collection (or any variation thereof). The words "collect," "collection," or any variation thereof, mean the act of collecting solid waste, recyclable materials, organic materials, C&D, bulky items, and other material at the place of generation in City.

(n) Commercial or commercial business. The words "commercial" or "commercial business" means a business, industrial, commercial establishment, or construction site, and any multiple-family, residential dwelling with five units or more on one account.

(o) Commercial edible food generator. The phrase "commercial edible food generator" means a "tier one commercial edible food generator" or a "tier two commercial edible food generator."

(p) Community composting. The words "community composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR § 17855(a)(4); or, as otherwise defined by 14 CCR § 18982(a)(8).

(q) Compactor. The word "compactor" means a mechanical apparatus that compresses materials together with the container that holds the compressed materials or the container that holds the compressed materials if it is detached from the mechanical compaction apparatus. Compactors include two to eight cubic yard bin compactors serviced by front-end loader collection vehicles and ten to 50 cubic yard drop box compactors serviced by roll-off collection vehicles.

(r) Compliance review. The phrase "compliance review" means a review of records by the City to determine compliance with this Chapter.

(s) Composting or compost (or any variation thereof). The words "composting" or "compost" include a controlled biological decomposition of organic materials yielding a safe and nuisance free compost product.

(t) Construction and demolition debris, C&D debris, or C&D. The terms "construction and demolition debris," "C&D debris," or "C&D" include discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair or demolition operations on any pavements, excavation projects, houses, commercial buildings, or other structures, excluding excluded waste. Source separated recyclable C&D is a subset of C&D. Mixed C&D is C&D that is not source separated.

(u) Container(s). The word "container(s)" means bins, carts, compactors, and drop boxes used to temporarily store solid waste, organics or recyclables for collection service.

(v) Container contamination or contaminated container. The words "container contamination" or "contaminated container" means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR § 18982(a)(55).

(w) Curbside service. The phrase "curbside service" means individual collection services for solid waste, recyclable materials, organic materials, and C&D as typically provided to single-family homes, duplexes, townhomes and mobile homes. See Section V-200-4.20 for specific set-out requirements for customers receiving curbside service.

(x) Department. The word "department" means the City's Department of Public Works.

(y) Designated source separated organic waste facility. The phrase "designated source separated organic waste facility" shall have the same definition as 14 CCR § 18982(14.5).

(z) Designee. The word "designee" means an entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities as authorized in 14 CCR § 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

(aa) Discarded materials. The phrase "discarded materials" means solid waste, recyclable materials, organic materials, and C&D placed by a generator in a receptacle and/or at a location for the purposes of collection by an authorized contractor, excluding excluded waste.

(ab) Disposal or dispose (or any variation thereof). The words "disposal" or "dispose" mean the final disposition of solid waste at a disposal facility.

(ac) Drop box. The phrase "drop box" means an open-top container with a capacity of ten to 50 cubic yards that is serviced by a roll-off collection vehicle.

(ad) Edible food. The phrase "edible food" means food intended for human consumption, or as otherwise defined in 14 CCR § 18982(a)(18). "Edible food" is not solid waste if it is recovered and not discarded.

(ae) Enforcement action. The phrase "enforcement action" means an action of the City to address non-compliance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

(af) Enforcement officer. The phrase "enforcement officer" means the city manager, county administrative official, chief operating officer, executive director, public works director or other executive in charge or their authorized designee(s) who is/are partially or whole responsible for enforcing this chapter.

(ag) Excluded waste. The phrase "excluded waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material, waste that the authorized contractor reasonably believes would, as a result of or upon disposal, be a violation of local, state or federal law, regulation or ordinance, including land use restrictions or conditions, waste that cannot be disposed of in class III landfills, waste that in the authorized contractor's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the authorized contractor or city to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

(ah) Food distributor. The phrase "food distributor" means a company that distributes food to entities, including but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR § 18982(a)(22).

(ai) Food facility. The phrase "food facility" has the same meaning as in Section 113789 of the Health and Safety Code.

(aj) Food recovery. The phrase "food recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR § 18982(a)(24).

(ak) Food recovery organization. The phrase "food recovery organization" means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR § 18982(a)(25), including, but not limited to:

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

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

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

(al) Food recovery service. The phrase "food recovery service" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR § 18982(a)(26).

(am) Food-soiled paper. The phrase "food-soiled paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

(an) Food waste. The phrase "food waste" means food scraps separated from solid waste and offered for collection by the authorized contractor, that will decompose and/or putrefy including: (i) all kitchen and table food waste; (ii) animal or vegetable waste that is generated during or results from the storage, preparation, cooking, or handling of food stuffs; (iii) discarded paper that is contaminated with food scraps; and, (iv) fruit waste, grain waste, dairy waste, meat, and fish waste food scraps are a subset of organic materials.

(ao) Generator. The word "generator" means any person whose act or process produces solid waste, recyclable materials, organic materials, or C&D as defined in the Public Resources Code, or whose act first causes waste to become subject to regulation.

(ap) Gray container. The phrase "gray container" has the same meaning as in 14 CCR § 18982.2(a)(28) and shall be used for the purpose of storage and collection of gray container waste.

(aq) Green container. The phrase "green container" has the same meaning as in 14 CCR § 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.

(ar) Green waste. The phrase "green waste" means those discarded materials that will decompose and/or putrefy, including, but not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small pieces of unpainted and untreated wood, and other types of organic waste. Green waste is a subset of organic materials. Green waste placed for collection may not exceed six inches in diameter and three feet in length and must fit within the authorized contractor-provided container.

(as) Grocery store. The phrase "grocery store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR § 18982(a)(30).

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

(au) Hazardous waste. The phrase "hazardous waste" means hazardous materials, as defined by Title V, Chapter 3 of the Milpitas Municipal Code, Hazardous Substances, as defined in 42 U.S.C. Section 9601 (14), Designated Wastes, as defined in Title 23, Chapter 15, Section 2522 of the California Code of Regulations, biohazardous and any other wastes which are not nonhazardous solid waste, as defined in Title 23, Chapter 15, Section 2523(a) of the California Code of Regulations. It also means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State in Health and Safety Code § 25110.02, § 25115, and § 25117 or in the future amendments to or recodifications of such statutes or identified and listed as hazardous waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC § 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.

(av) High diversion organic waste processing facility. The phrase "high diversion organic waste processing facility" means a facility that is in compliance with the reporting requirements of 14 CCR § 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR § 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR § 17402(a)(11.5); or, as otherwise defined in 14 CCR § 18982(a)(33).

(aw) Health Officer. The phrase "Health Officer" means the Santa Clara County Health Officer, or his or her designee(s) acting as the Health Officer of the City.

(ax) Inspection. The word "inspection" means a Department or Designee's onsite review of records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR § 18982(a)(35).

(ay) Large event. The phrase "large event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.

(az) Large venue. The phrase "large venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. A venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. A site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue.

(ba) Medium and high density developments. "Medium and high density developments" are defined in the City's General Plan as follows:

(1) Medium density—"Medium density" housing may include single-family attached and semi-attached houses and duplexes.

(2) High density—"High density" housing may include attached row houses to triplexes and four-plexes, stacked townhomes, and walk-up garden apartments.

(3) Very high density—"Very high density" housing may include row houses to townhouses to lofts and stacked flats with structured parking.

(4) Mixed use—Mixed-use may include commercial offices, retail and services, high-density residential, and public/quasi-public uses. Mixed use buildings can contain a combination of residential and commercial uses.

(bb) Multi-family residential dwelling or multi-family. The phrase "multi-family residential dwelling" or "multi-family" means of, from, or pertaining to residential premises with five or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

(bc) Non-putrescible waste. The phrase "non-putrescible waste" means the component of the waste stream, which is not capable of being decomposed by micro-organisms with sufficient rapidity as to cause odors, gases, attraction of vectors or other offensive conditions.

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

(be) Occupant. The word "occupant" means the person who occupies a premises.

(bf) Organic materials or organic waste. The phrase "organic materials" or "organic waste" means ." means solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food waste, green waste, non-hazardous wood waste, and unwaxed food-soiled paper.

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

(bh) Person. The word "person(s)" means any individual, firm, association, organization, partnership, corporation, trust, joint venture, or public entity.

(bi) Premises. The word "premises" means any land or building in the City where solid waste, recyclable materials, organic materials, or C&D are generated or accumulated.

(bj) Print and writing papers. The phrase "printing and writing papers" includes, but is not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR § 18982(a)(54).

(bk) "Prohibited container contaminants" means the following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the City's blue container; (ii) discarded materials placed in the green container that are not identified as acceptable source separated green waste for the City's green container; (iii) discarded materials placed in the brown container that are not identified as acceptable source separated food waste for the City's brown container; (iv) discarded materials placed in the gray container that are acceptable source separated recyclable materials, source separated green waste, and/or source separated food waste that should be placed in the City's blue container, green container and/or brown container; and, (iv) non-solid waste items placed in any container.

(bl) Processing. The word "processing" means to prepare, treat, or convert through some special method.

(bm) Putrescible waste. "Putrescible waste" means the component of the waste stream that is likely to become putrid. It includes but is not limited to wastes that contain organic materials such as food wastes or wastes from animal or vegetable origin.

(bn) Recyclables or recyclable materials. The phrase "recyclables" or "recyclable materials" means those discarded materials that generators set out in recyclables containers for collection for the purpose of recycling by the authorized contractor and that exclude excluded waste. Recyclable materials unless must be separated from solid waste, organic materials, and C&D. Recyclable materials to be collected from single-family and multi-family premises include, at a minimum, magazines, catalogs, phone books, shredded paper (placed in paper bags for collection), envelopes, junk mail, corrugated cardboard, brown paper grocery bags, mixed or colored paper, paperboard, paper egg cartons, office ledger paper, white plastic grocery bags, glass bottles and jars, food (bimetal) and aluminum cans, newspaper, and plastic containers #1—7 excluding #6, polystyrene in all forms. Recyclable materials to be collected from commercial generators, include at a minimum, white paper, computer paper, copy paper, fax paper, carbonless forms, envelopes (with or without windows), colored, white, and manila file folders, laser-printed paper, junk mail, newspapers, magazines, phone books, glossy paper, corrugated cardboard, chipboard, shredded paper, bi-metal cans, aluminum, tin, glass bottles and jars, and plastic containers #1—7 excluding polystyrene (#6) in all forms. For residential and commercial customers with cart service, recyclable materials are collected using a split-cart that segregates fibers and containers.

(bo) Recycle or recycling. The words "recycle" and "recycling" mean the process of sorting, cleansing, treating, and reconstituting at a processing facility waste materials that would otherwise be disposed of at a landfill for the purpose of returning such materials to the economy in the form of raw materials for new, reused, or reconstituted products.

(bp) "Remote monitoring" means the use of the internet of things and/or wireless electronic devices to visualize the contents of blue containers, green containers, brown containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

(bq) Residential. The word "residential" means any residential dwelling or apartment house.

(br) Reusable materials. The phrase "reusable materials" means items that are capable of being used again with no or minimal processing.

(bs) Route review. The phrase "route review" means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR § 18982(a)(65).

(bt) SB 1383. The phrase "SB 1383" means Senate Bill 1383 (Chapter 395, Statutes of 2016).

(bu) SB 1383 Regulations. The phrase "SB 1383 Regulations" means the short-lived climate pollutants: organic waste reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

(bv) Scrap wood. The phrase "scrap wood" means clean, unvarnished, unpainted, used wood.

(bw) Self-hauler. The term "self-hauler" means a person, who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR § 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR § 18982(a)(66)(A).

(bx) Single-family. The term "single-family" means of, from, or pertaining to any residential premises with fewer than five units.

(by) Solid waste. The phrase "solid waste" means solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, § 40191 and regulations promulgated hereunder. Excluded from the definition of "solid waste" are excluded waste, C&D, source separated recyclable materials, source separated organic materials, and radioactive waste. Notwithstanding any provision to the contrary, "solid waste" may include de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of household hazardous waste in compliance with Section 41500 and 41802 of the California Public Resources Code as may be amended from time to time. For the purposes of this Chapter, "solid waste" means the portion of the waste stream commonly referred to as "garbage" or "trash" and which is generally disposed of in landfills. When the term "waste" is used in this Chapter, it means all types of waste including solid waste, recyclable materials, organics materials, and/or C&D.

(bz) Source separated, source separating, or source separation. The phrase "source separated," "source separating," or "source separation" means the segregation, by the generator, of materials designated for separate collection for some form of recycling, composting, recovery, or reuse and placing them into separate containers that are separately designated for recyclable materials.

(ca) Source separated recyclable C&D. The phrase "source separated recyclable C&D" means C&D materials which are source separated by the customer or generator and which have a processing residue level of less than ten percent by weight.

(cb) Stable matter. The phrase "stable matter" means and includes all manure and other waste matter normally accumulated in and about a stable or any animal, livestock or poultry enclosure and resulting from the keeping of any animal, poultry or livestock.

(cc) Supermarket. The word "supermarket" means a full-line, self-service retail store with gross annual sales of $2,000,000.00, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR § 18982(a)(71).

(cd) Tier one commercial edible food generator. The phrase "tier one commercial edible food generator" means a commercial edible food generator that is one of the following:

1. Supermarket.

2. Grocery store with a total facility size equal to or greater than 10,000 square feet.

3. Food service provider.

4. Food distributor.

5. Wholesale food vendor.

(ce) Tier one commercial edible food generator. The phrase "tier two commercial edible food generator" means a commercial edible food generator that is one of the following:

1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

2. Hotel with an on-site food facility and 200 or more rooms.

3. Health facility with an on-site food facility and 100 or more beds.

4. Large venue.

5. Large event.

6. A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

7. A local education agency facility with an on-site food facility.

(cf) Wholesale food vendor. The phrase "wholesale food vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR § 189852(a)(76).

(Ord. No. 48.22, § 1, 12/7/21)

No person shall keep or accumulate, or permit to be kept or accumulated, within or upon any premises in the City, owned, leased or rented by, or in the possession or under the control of such person, any waste of any kind, except in accordance and compliance with and as authorized by the provisions of this Chapter.

The responsibility for proper keeping, accumulating and delivery of solid waste, recyclable materials, organic materials, and/or C&D to an authorized contractor in accordance and compliance with the provisions of this chapter shall be on the generator thereof and the owner and occupant of the premises within or upon which the same has been generated.

(Ord. No. 48.22, § 1, 12/7/21)

(a) The owner, agent, and/or occupant of any premises shall subscribe to and pay for solid waste, recyclable materials, and organic materials collection service rendered to such premises by an authorized contractor and shall maintain at a location in accordance with the provisions of this Chapter, containers for solid waste, recyclable materials and/or organic materials, where applicable, in accordance with the provisions of this Chapter. City 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 generators shall adjust their service level for its collection services as requested by the City.

(b) City may require either single-family residential customers or commercial businesses in subsection (a) to be automatically enrolled in solid waste, recyclable materials, and organic materials collection services.

(c) For single-family residential customers, the generator shall place green waste in the green container; source separated recyclable materials in the blue container; solid waste in the designated side of the split gray container; and, food waste in the designated side of the appropriate split cart gray container as marked by a brown lid. Generator shall not place materials designated for the green containers or blue containers in the gray containers.

(d) For commercial businesses, the generator shall place source separated green container organic waste, except food waste, in the green container; source separated recyclable materials in the blue container; source separated food waste in the brown container; and solid waste in the gray container. Generator shall not place materials designated for the green containers, blue containers, or brown containers in the gray containers.

Without limitation to the provisions of Section V-200-9 of this Chapter, the owner, agent and/or occupant of the premises has an obligation to pay for solid waste, recyclable materials, and organic materials collection services.

A residential premises is occupied when a person takes or holds possession of the premises for use as a permanent or temporary dwelling. For the purpose of determining whether a residential premises was occupied during periods when solid waste, recyclable materials, and organic materials collection service was provided to such premises, a residential premises shall be presumed to have been so occupied unless evidence is presented that water utility service was not being provided to such premises during such periods. Such presumption shall be rebutted only by water utility records showing that the premises was then unoccupied.

An industrial or commercial premises is occupied when a building occupancy permit is issued. An agricultural premises is occupied when a person takes or holds possession of the premises for agricultural purposes.

For utility accounts opened on or after June 2, 2006 serving residential premises with single-family curbside services connected to a common water meter installed to provide water to two or more residential units, the owners shall designate an agent who shall be responsible for payment to the City for water and curbside services on behalf of the owners. Nothing in this section is intended to prevent an arrangement, or the continuance of an existing arrangement, under which payments for collection service are made by a tenant or tenants, or any agent, on behalf of the owner. Any such arrangement, however, will not affect the owner's obligation as provided herein.

(Ord. No. 48.22, § 1, 12/7/21)

(a) Commercial businesses 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 city's blue container, green container, brown 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 Section V-200-11.10.

(b) Commercial businesses, excluding multi-family residential dwellings, shall:

(1) Provide containers for the collection of source separated organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. 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. Pursuant to 14 CCR § 18984.9(b), the containers provided by the business shall have either:

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

(ab) 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 § 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

(2) To the extent practical through education, training, Inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials in accordance with Section V-200.3.20 or if recycling organics onsite or self-hauling under Section V-200.11.10 per the commercial businesses' instructions to support its compliance with its onsite recycling or self-haul program.

(3) Periodically inspect 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 § 18984.9(b)(3).

(c) Commercial businesses shall:

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

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

(3) Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with Section V-200.12.10 to confirm compliance with the requirements of this Chapter.

(4) Accommodate and cooperate with City's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate generator's compliance with Section V-200.3.20. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, brown containers and gray containers.

(5) If a commercial business wants to self-haul, meet the self-hauler requirements in Sections V-200-3.21 and V-200-11.10.

(6) If they are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section V-200-9.10.

(d) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site.

(Ord. No. 48.22, § 1, 12/7/21)

(a) 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 waste requirements if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in Section V-200.3.22(a)(2) below. Commercial businesses requesting a de minimis waiver shall:

(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section V-200-3.22(a)(2) below.

(2) Provide documentation that either:

(aa) The commercial business' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container, brown container, or green container comprises less than 20 gallons per week per applicable container of the business' total waste; or

(ab) The commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container, brown container, or green container comprises less than five gallons per week per applicable container of the business' total waste.

(3) Notify City if circumstances change such that commercial business's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.

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

(b) Review and approval of waivers by City. Review and approval of waivers will be the responsibility of the Public Works Director or his or her designee.

(Ord. No. 48.22, § 1, 12/7/21)

(a) Any and all solid waste, recyclable materials, food scraps, and yard trimmings produced, kept or accumulated within or upon any premises in the City shall be placed without delay in containers and shall be kept and maintained within such containers and upon such premises, until the contents thereof are collected or otherwise handled in accordance with the provisions of this Chapter. Waste cans, plastic or polyethylene disposal bags, or authorized contractor-supplied or approved containers shall be authorized waste containers for use in the City and shall meet the standards for each such container as established in this Section.

(b) Each container shall:

(1) Be constructed of metal, plastic or other substantial materials;

(2) Be of sufficient strength or rigidity to hold without collapsing all waste deposited and kept therein;

(3) Be of sufficient strength and rigidity to prevent it from being broken or crushed under ordinary conditions of use;

(4) Be leak-proof and fly-proof;

(5) Be free of sharp, rough or jagged surfaces or edges likely to cause injury to persons lifting or handling the container;

(6) Have a close-fitting cover.

(7) Be graffiti-free. Containers supplied by the authorized contractor shall be free of graffiti and all graffiti shall be removed promptly.

(8) Be in good condition. Containers supplied by the authorized contractor shall:

(aa) Be maintained by the same at a minimum level of good condition.

(ab) Include identification as the property of the authorized contractor that includes a serial number, instruction for use and telephone number of the authorized contractor.

(c) In addition to the foregoing, carts supplied by the authorized contractor shall be of approximately 96, 64, 45, or 38 gallons in capacity and not weigh more than the weight limit established by the authorized contractor.

(d) Plastic or polyethylene disposal bags with wire or plastic tie closure shall meet the requirements of Section V-200-3.30(b)(1)—(5) above, and the National Sanitation Foundation standards for polyethylene refuse disposal bags as follows:

(1) Dimensions. The bags shall have a minimum circumference of 60 inches and a minimum inner dimension of 37 inches.

(2) Strength. The bags, exclusive of packaging and ties, shall have a minimum weight of 105 pounds per 1,000 bags.

(Ord. No. 48.22, § 1, 12/7/21)

Each and every solid waste, recyclable materials, and organic materials container(s) shall be placed, kept and maintained at all times in a side, or back yard, in an enclosure or elsewhere on the premises so as not to be visible from the street or accessible to animals and may not protrude past the front of any building for multi-unit premises. This requirement does not apply during the 12-hour period before or after a scheduled collection day. To comply with the Americans With Disabilities Act ("ADA"), customers requesting an exception to this provision will be considered on a case by case basis by the City Manager or his or her designee.

Except for those premises receiving service at the single unit curbside service level, containers shall not be placed, kept, maintained or serviced in a public street, sidewalk or public easement of any kind or in the front yard setback without prior written consent of City.

(Ord. No. 48.22, § 1, 12/7/21)

Each and every solid waste, recyclable materials, or organic materials container shall be kept tightly sealed so as to prevent the escape or leakage from the container of any solid waste, recyclable materials, or organic materials or of any offensive vapors, gases or odors. No such container shall be so filled as to cause matter to overflow therefrom; and the gross weight of solid waste, recyclable materials or organic materials placed or kept therein, including the weight of the container, shall meet the requirements established by the authorized contractor. Such container shall at all times be kept clean and sanitary, and shall be sprayed and otherwise treated in such manner and to such extent and with such substance as may be necessary to repel and keep away insects and rodents, and render the container odor-proof.

No solid waste, recyclable materials, or organic materials shall be so compacted or otherwise placed or kept or accumulated in any container in a manner which does not allow the contents of the container to fall out, by its own weight, upon the container being lifted and turned upside down. No residential solid waste, recyclable materials, or organic materials containers shall be set out for weekly curbside collection containing dirt, soil, concrete, masonry or asphalt.

After reasonable notice and opportunity to be heard, City may determine that any person occupying, owning, controlling or maintaining any premises within the City has inadequate containers, facilities, or frequency of collection service for solid waste, recyclable materials, or organic materials and may order that additional containers or facilities or increased frequency of collection service be provided by said person.

It shall be unlawful for any person occupying, owning, controlling or maintaining any premises within the City where solid waste, recyclable materials, organic materials, and/or C&D are created, generated, or accumulated, to fail or neglect to procure sufficient number of containers for receiving and holding all solid waste, recyclable materials, organic materials, and C&D which are produced, generated, or accumulated upon such premises or to fail or neglect to deposit solid waste, recyclable materials, organic materials, and C&D in containers or to fail or neglect to use and keep containers in good, usable, and sanitary condition. Provided, certain branches, trimmings, and wood may be securely bundled and set out for collection in accordance with regulations which are approved from time to time by the City.

(Ord. No. 48.22, § 1, 12/7/21)

Weekly collection: No more than one week's accumulation of putrescible solid waste and organic materials shall be kept or be permitted to remain upon any premises in the City. At least once each week all putrescible solid waste and organic materials generated, kept or accumulated within any premises in the City shall be disposed of in accordance with the provisions of this Chapter.

No more than one week's accumulation of non-putrescible solid waste and organic materials shall be kept in front-end loader bins. At least once each week all solid waste or organic materials kept or accumulated in front-end loader bins within any premises in the City shall be disposed of in accordance with the provisions of this Chapter.

30-Day collection: No more than 30 days' accumulation of non-putrescible solid waste or organic materials shall be kept or be permitted in compactors and drop boxes. At least once each 30 days all such wastes kept or accumulated in compactors and drop boxes within any premises in the City shall be disposed of in accordance with the provisions of this Chapter.

No more than 30 days' accumulation of non-putrescible recyclable materials shall be kept or be permitted in front-end loader bins and drop boxes. At least once each 30 days non-putrescible recyclable materials kept or accumulated in front-end loader bins and drop boxes within any premises in the City shall be disposed of in accordance with the provisions of this Chapter.

60-day collection: No more than 60 days' accumulation of non-putrescible recyclable materials shall be kept or be permitted in compactors only. At least once each 60 days non-putrescible recyclable materials kept or accumulated in compactors within any premises in the City shall be disposed of in accordance with the provisions of this Chapter.

No hazardous waste, biohazardous waste, hot ashes, hot cinders or burning matter shall be placed or kept in any solid waste, recyclable materials, organic materials, or C&D containers or drop box. No other ashes, cinders or stable matter shall be placed or kept in any solid waste, recyclable materials, organic materials, or C&D container or drop box unless first wrapped in paper or other material.

(Ord. No. 48.22, § 1, 12/7/21)

The provisions of this Section relating to the keeping or accumulation of any solid waste or organic materials collected shall apply to an authorized contractor making such collection, provided City may exempt the authorized contractor from the provisions hereof.

(Ord. No. 48.22, § 1, 12/7/21)

No person, other than an authorized contractor shall collect, remove, transport, process or dispose of any solid waste, recyclable materials, organic materials, or C&D of any kind generated, kept or accumulated within or upon any premises within the City except as hereafter provided. No person shall permit the collection, removal, transportation, processing or disposal of any solid waste, recyclable materials, organic materials, or C&D of any kind generated, kept or accumulated within or upon any premises within the City, owned, leased, or rented by or under the control of or in the possession of such person except by an authorized contractor pursuant to the provisions of this Chapter or except as hereinafter provided.

(Ord. No. 48.22, § 1, 12/7/21)

Additional services allowed for disabled customers: The authorized contractor shall provide additional services as necessary to accommodate the needs of disabled residents, as defined in the Americans with Disabilities Act (ADA), at the same level of service provided and rate charged to nondisabled residents, including, but not limited to, collecting solid waste, recyclable materials, and organic materials from containers stored in side or back yards, replacing empty containers in side or back yards, and maintaining a TDD telephone line. The authorized contractor shall not be required to enter upon a private driveway or upon a private yard or enclosure for the purpose of collecting solid waste, recyclable materials, or organic materials, except to accommodate disabled residents as defined by the ADA or unless a customer receives backyard service.

Curbside service: Solid waste, recyclable materials, and/or organic materials (including food waste and green waste) accumulated in carts at residential premises with curbside services shall be placed for collection in the carts in the street with the wheels against the curb, two feet from parked cars and mail boxes in front of the premises wherein solid waste, recyclable materials, and/or organic materials are generated and accumulated. In the event any generator fails to return containers to their approved locations in a timely manner, generator may be cited.

Single-family curbside service weekly set out of used motor oil and/or used cooking oil shall use only containers approved and provided by the authorized contractor.

Non-curbside service: Solid waste, recyclable materials, and/or organic materials shall be set out for collection in a location on private property, consistent with the provisions of Section V-200-3.31 so as not to require the driver of the collection vehicle to dismount from the vehicle in order to service the containers. In the event that the driver is required to dismount due to the location of the container(s), travel more than 25 feet to the container(s), or because the generator does not want the collection vehicle on the generator's property, the generator shall be liable to the authorized contractor for a backyard service rate for pushing, collecting and returning the container(s). This rate shall also apply if the authorized contractor must use non-standard equipment.

The authorized contractor shall not be liable for any damage to private property in the course of collecting solid waste, recyclable materials, organic materials, or C&D or for delivery, maintenance, or removal of any container or drop box, except for the negligence of the authorized contractor, its agents, servants and employees.

(Ord. No. 48.22, § 1, 12/7/21)

It is expressly understood that all solid waste, recyclable materials, organic materials, and C&D collected become the property of the authorized contractor at the time of collection. It is expressly understood that title to all solid waste, recyclable materials, organic materials, and C&D passes to the authorized contractor upon being set out at the usual place of collection.

(Ord. No. 48.22, § 1, 12/7/21)

No authorized contractor shall permit the landfilling of recyclable materials and organic materials except where not prohibited by contract.

(Ord. No. 48.22, § 1, 12/7/21)

The City is empowered to enter into a contract(s) with, or authorize staff to issue permits in accordance with an approved permit system to, any person for the right to engage in the business of collecting, removing, transporting, processing or disposing of any or all solid waste, recyclable materials, organic materials, and/or C&D generated, kept or accumulated within the City. The City may grant an exclusive contract to any single person to engage in the business of collecting, removing, transporting, processing or disposing of any or all solid waste, recyclable materials, organic materials, and/or C&D if City deems an exclusive contract necessary or convenient for the efficient collection and removal of solid waste, recyclable materials, organic materials, and/or C&D and the preservation and protection of the public health, safety and general welfare.

(Ord. No. 48.22, § 1, 12/7/21)

Each authorized contractor(s) providing residential and commercial solid waste, recyclable materials, organic materials, and C&D collection services shall comply with all licenses, permits, or written approval requirements of the City. Such written approval shall be contingent upon the authorized contractor's demonstrated capability to comply with these standards and use of equipment in a safe and sanitary manner.

Any contract executed hereunder may provide that the authorized contractor(s) shall have the right to collect and receive the collection charges and fees established therein for the collection, transportation, removal, processing and/or disposal of solid waste, recyclable materials, organic materials, and/or C&D; provided, however, City may elect to collect and receive said collection charges and fees subject to the contract provisions concerning the remittance thereof to the authorized contractor. Said contract shall also provide for the compensation to be paid to City by the authorized contractor for the granting of the right to engage in said business. Nothing herein contained shall be deemed to limit the authority of the City to renew or extend a contract upon the expiration of any term thereof. The contract may contain such other terms, covenants and conditions as the City shall deem necessary or convenient for the efficient collection, transportation, removal, processing and/or disposal of solid waste, recyclable materials, organic materials, and/or C&D and the preservation and protection of the public health, safety, peace and welfare.

(Ord. No. 48.22, § 1, 12/7/21)

No authorized contractor shall collect, remove, transport, process or dispose of any solid waste, recyclable materials, organic materials, and/or C&D except in full accordance and compliance with the provisions of the contract existing between the authorized contractor and City and the provisions of this Chapter and all rules and regulations issued hereunder. Any license, privilege or authorization granted in any such contract to any person to engage in the business of collecting, removing, transporting, processing or disposing of any solid waste, recyclable materials, organic materials, and/or C&D generated, kept or accumulated in the city shall be conditioned upon the faithful performance by such person or authorized subcontractors, if any, of any and all terms, covenants, conditions and provisions in or of said contract, the provisions of this Chapter, and all rules or regulations issued thereunder.

(Ord. No. 48.22, § 1, 12/7/21)

Any violation of this Chapter or any rule or regulation promulgated hereunder shall entitle City to cancel and terminate its contract with or revoke the permit of the authorized contractor and to relet said contract or issue new permits.

(Ord. No. 48.22, § 1, 12/7/21)

Each and every authorized contractor shall maintain all records and submit to City all reports, statements, and payments in full accordance and compliance with the provisions of the contract existing between the authorized contractor and City. Unless otherwise provided in the contract between the authorized contractor and City, the authorized contractor shall submit monthly and quarterly reports within 30 calendar days after the end of the calendar month or quarter, as applicable, and the authorized contractor shall submit annual reports no later than 45 calendar days after the end of each calendar year. Monthly, quarterly, and annual reports shall, at a minimum, include all data and information as described in the contract between the authorized contractor and City. For each calendar month during which the authorized contractor engages in such business and for each calendar month during which the authorized contractor or authorized subcontractor(s) collect any receipts, revenues or compensation for the collection, transportation, processing and/or disposal of solid waste, recyclable materials, organic materials, and/or C&D generated, kept or accumulated in the city, the authorized contractor shall submit to City a written statement of the total gross receipts collected or received by the authorized contractor and any authorized subcontractor(s) during the calendar month for which such statement is rendered and filed. Each such statement shall also separately state the total gross receipts collected or received by the authorized contractor and those received by each of any authorized subcontractors during said calendar month. Such statement shall be certified as true and correct by such authorized contractor and by each of any authorized subcontractors.

No statement filed hereunder shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude City from collecting by appropriate action such sum as is actually due and payable hereunder. The statement and each of the several items therein contained shall be subject to audit and verification by the City, and City may examine, audit and inspect such books and records of any person who engages in the business of collecting, transporting, processing and/or disposing of any solid waste, recyclable materials, organic materials, or C&D generated, kept or accumulated in the city, and of any authorized subcontractors, as may be necessary to ascertain the correct amount of the sums due City . Authorized contractors and any authorized subcontractors are hereby required to permit an examination of such books and records for the purposes aforesaid.

Unless otherwise provided in the contract between the authorized contractor and City, the above-mentioned sums due City shall be due and payable, for each calendar month for which a written statement is required, within 60 days from and after each such calendar month; and said sum for each of said calendar months shall be overdue on the sixty-first day after each such calendar month. If the sixtieth day following the end of the month falls on a weekend or a City-recognized holiday, said payment shall be due on the next regular business day.

Unless otherwise provided in the contract between the authorized contractor and City, each authorized contractor shall keep and maintain full and complete books of account and other records showing all business transacted in the City by such person, and by each and every authorized subcontractor(s), if any, including, but not by way of limitation, records of all monthly collections and receipts, expenses, profits, supporting statements and vouchers, balance sheets and profit and loss statements and other documents accurately reflecting all such business. All such books and records shall be subject to audit and inspection at any and all times by City and its authorized officers, agents and employees, and shall be made available at said office for such inspection or audit at any and all reasonable times upon request of the City.

Unless otherwise provided in the contract between the authorized contractor and City, the authorized contractor shall file, for each year during which the authorized contractor engages in such business, an annual report with the City showing, at a minimum:

(a) The total gross receipts actually collected or received by the authorized contractor and any authorized subcontractor(s) during said year, which shall be examined by the authorized contractor's independent certified public accountants, and shall include the opinion of such accountants as to whether such statement is a fair representation of the data included therein; and

(b) A breakdown of such total gross receipts by programs and service level types showing the amounts received or collected by the authorized contractor and by each of any authorized subcontractor(s).

(Ord. No. 48.22, § 1, 12/7/21)

Delinquent sums due to City by an authorized contractor(s) shall be subject to a delinquency penalty of two percent, which attaches on the first day of delinquency. The delinquency penalty shall be increased an additional two percent for each additional month the payment remains delinquent.

(Ord. No. 48.22, § 1, 12/7/21)

No authorized contractor shall dispose of any solid waste, recyclable materials, organic materials, or C&D anywhere in the City unless and until the manner and place of disposal within the City has been authorized or approved by the City Council (either by contract, resolution or ordinance). Except as otherwise provided in an exclusive contract between an authorized contractor and City or in an exclusive disposal agreement between City and the owners of the disposal facility, the fees for disposal at the disposal facility shall be charged directly to the authorized contractors at the same rate charged to the general public at that disposal facility.

(Ord. No. 48.22, § 1, 12/7/21)

When the City authorizes or designates a person or firm to provide solid waste, recyclable materials, organic materials, and C&D collection services for its jurisdiction through contract, franchise, permit, or license such person or firm shall submit proof of adequate financial resources and experience to properly conduct the operation authorized.

Each and every authorized contractor shall, within seven calendar days of the city's notification to the authorized contractor that the City has executed the contract or issued the permit authorizing the authorized contractor to engage in business, furnish to City and file with the City Clerk a corporate surety bond, payable to the City , in a penal sum required by the City (and approved as to form by the city attorney), executed by the authorized contractor as principal and by a corporate surety as surety, securing the faithful performance by the authorized contractor and any authorized subcontractor(s) of its obligations under said contract and of all provisions of this Chapter. Such bond shall be renewed annually if necessary so that the performance bond is maintained at all times during the term of said contract. The bond shall be executed as surety by a corporation authorized to issue surety bonds in the State of California that has a rating of A or better in the most recent edition of Best's Key Rating Guide, and that has a record of service and financial condition satisfactory to the City.

As an alternative to the performance bond required above, at City's option, the authorized contractor may deposit with City a fully prepaid irrevocable letter of credit for at least the duration of the contract year for which the letter of credit is deposited. The amount, form, and issuer of such letter of credit shall be subject to the approval of City's Risk Manager and the City Attorney.

City shall have the right to draw against the faithful performance bond or the letter of credit in the event of a breach or default of the authorized contractor or the failure of the authorized contractor to perform fully any obligation under the contract or permit the authorizing authorized contractor to engage in business. Within five calendar days of receipt of notice from City, the authorized contractor shall renew or replace such sums of money as needed to bring the faithful performance bond or letter of credit current.

(Ord. No. 48.22, § 1, 12/7/21)

No person shall interfere with or obstruct the authorized activities of an authorized contractor in the collection, transportation, removal, processing and/or disposal of solid waste, recyclable materials, organic materials, and/or C&D.

(Ord. No. 48.22, § 1, 12/7/21)

The authorized contractor shall letter each vehicle used in collection activities to include a vehicle identification number, the name of the authorized contractor, and the local business telephone number of the authorized contractor. The lettering size shall be not less than four inches high. Any authorized contractor-supplied solid waste, recyclable materials, organic materials, and/or C&D container shall be lettered with the authorized contractor's name and local business telephone number in a form approved by City.

(Ord. No. 48.22, § 1, 12/7/21)

All charges for the collection and removal of solid waste, recyclable materials, organic materials, and/or C&D shall be due and payable in accordance with the payment terms set by the authorized contractor and approved by City.

The authorized contractor shall not demand any fees from the generators of solid waste, recyclable materials, organic materials, and/or C&D except as provided in the contract between the authorized contractor and City.

Disputes over charges made or as to the character of the services performed shall be decided by the City Manager or his or her designee.

(Ord. No. 48.22, § 1, 12/7/21)

Rates for residential premises with curbside collection for persons 62 years or older and who are responsible for paying the water bill of the dwelling, upon application, shall be reduced upon such terms and conditions as are agreed to between City and the authorized contractor. The authorized contractor shall verify eligibility for the senior rate using driver's license or birth certificate and proof of residency.

(Ord. No. 48.22, § 1, 12/7/21)

No person shall sort, separate, or segregate any solid waste, recyclable materials, organic materials, or C&D of any kind within or upon any public street or place except as expressly authorized by City.

(Ord. No. 48.22, § 1, 12/7/21)

No person shall collect, transport or receive any solid waste, recyclable materials, organic materials, or C&D within or upon any public streets in the City, or anywhere in the City, except in leak-proof vehicles so constructed that no solid waste, recyclable materials, organic materials, or C&D can leak or sift through or fall out, or be blown from, such vehicle. Vehicles used to collect or transport solid waste, recyclable materials, or organic materials shall be completely covered, and shall be kept covered at all times except when solid waste, recyclable materials, organic materials, or C&D is/are being actually loaded or unloaded, and except when said vehicles are moving along a collection route in the course of collection. Collection and transportation of any and all solid waste, recyclable materials, organic materials, or C&D shall be so conducted that no solid waste, recyclable materials, or organic materials will fall, drain or spill out of the collecting or transporting vehicle. Any person collecting or transporting any solid waste, recyclable materials, organic materials, or C&D shall immediately pick up all solid waste, recyclable materials, organic materials, or C&D which drop, spill, leak or are blown from the collecting or transporting vehicle, and shall otherwise clean the place onto which any such solid waste, recyclable materials, organic materials, or C&D was/were so dropped, spilled, blown or leaked. The authorized contractor shall limit its contents to 20,000 pounds per axle. The authorized contractor shall provide personnel and equipment necessary to provide push and return service in confined areas or other locations that have collection and transport vehicle access limitations.

The authorized contractor shall replace lids or covers on containers if appropriate, immediately after emptying the same and shall repair or replace at its expense any container(s) damaged as a result of its handling thereof, normal wear and tear excepted.

The authorized contractor may refuse service and collection if any container fails to meet the requirements of Section V-200-3.30 of this Chapter provided the authorized contractor shall give written notice (by leaving a copy thereof attached to said container) of its reasons for refusing service and collection.

(Ord. No. 48.22, § 1, 12/7/21)

No person other than City shall transport or permit to be transported into the City any waste of any kind generated, kept or accumulated outside the City, for the purpose of keeping, accumulating, or disposing of it in the City unless authorized by City and no person other than City shall keep, accumulate or dispose of in the City any waste transported or brought into the City from outside the City unless authorized by City.

(Ord. No. 48.22, § 1, 12/7/21)

Unless otherwise provided in the contract between the authorized contractor and City, the authorized contractor shall collect and remove from any and all premises, by the end of the business day following the demand, notice or request, any and all solid waste, recyclable materials, and/or organic materials which the authorized contractor shall have failed to collect a properly placed container as required at the regular scheduled time. The authorized contractor shall not refuse collection service because of a violation of the rules unless the authorized contractor has, in a reasonable manner, notified the customer in question of the rule.

(Ord. No. 48.22, § 1, 12/7/21)

Where provided by contract, the authorized contractor shall provide such labor, supervision and equipment at its cost; and at times and dates agreed upon between the parties, sufficient to conduct an areawide cleanup collection of accumulated seasonal and extraordinary solid waste, recyclable materials, and/or organic materials. The authorized contractor shall cooperate in any and every way with City to effectively provide such cleanup services, including accepting wastes collected by City personnel and permitting City personnel to inspect cleanup operations.

(Ord. No. 48.22, § 1, 12/7/21)

During the 24-hour period commencing at 6:00 p.m. on any day preceding a day designated for collection of solid waste, recyclable materials, organic materials, and/or C&D, no person, other than an authorized contractor, shall remove solid waste, recyclable materials, organic materials, and/or C&D which have been placed at a designated collection location. Any and each such collection in violation hereof from one or more designated collection locations during said 24-hour period shall constitute a separate and distinct offense punishable as provided in this Code.

(Ord. No. 48.22, § 1, 12/7/21)

Nothing in this Chapter shall limit the right of a person to donate, sell or otherwise dispose of recyclable materials and/or organic materials, provided that any such disposal is in accordance with the provisions of this Chapter.

(Ord. No. 48.22, § 1, 12/7/21)

Nothing in this Chapter shall be deemed to limit the right of an authorized contractor to bring a civil action against any person who violates Section V-200-7.60 of this Chapter, nor shall a conviction for such violation exempt any person from a civil action brought by an authorized contractor.

(Ord. No. 48.22, § 1, 12/7/21)

No person shall throw, drop, leave, dump, place, keep, accumulate or otherwise dispose of any waste upon any street, way, sidewalk, gutter, stream, or creek or the banks thereof, or any public place or public property, or sweep, gather or take any waste from any such place or property or portion thereof or throw, place, deposit, dump, drop, leave, keep or accumulate it in any other such place or property or portion thereof, either with or without intent to later remove the same, except with the written prior permission of the Health Officer. The burden of proving such consent shall be on the person doing any such thing.

(Ord. No. 48.22, § 1, 12/7/21)

Except as otherwise expressly authorized by the provisions of this Chapter, no person other than City shall place, keep, accumulate or dispose of any waste of any kind in or upon any premises, land or place in the City other than the premises wherein such waste is generated unless so authorized by resolution or ordinance of the City; and no person other than City shall establish, maintain or operate any dump or disposal grounds in the City for the keeping, accumulation or disposal of any waste of any kind unless so authorized by permit of the City; and no person shall permit any premises, land or place in the City owned, leased, rented or in the possession or under the control of such person to be used for the keeping, accumulation or disposal of any waste of any kind other than waste generated thereon, unless so authorized by permit of the City.

(Ord. No. 48.22, § 1, 12/7/21)

Except as otherwise expressly authorized by the provisions of this Chapter, no solid waste, recyclable materials, or organic materials shall be buried anywhere in the City.

(Ord. No. 48.22, § 1, 12/7/21)

Burning of solid waste, recyclable materials, or organic materials is prohibited.

(Ord. No. 48.22, § 1, 12/7/21)

Stable matter and processed organic materials or compost may be used to fertilize lands subject to such regulations as the Health Officer may impose to protect the public health and safety.

(Ord. No. 48.22, § 1, 12/7/21)

(a) Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024.

(b) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.

(c) Commercial edible food generators shall comply with the following requirements:

(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed.

(2) Contract with, or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or, (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

(3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

(4) Allow the Department or designee to access the premises, conduct inspections, and review electronic and hard copy records pursuant to 14 CCR Section 18991.4.

(5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

(aa) A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR § 18991.3(b).

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

(ac) A record of the following information for each of those food recovery services or food recovery organizations:

a. The name, address and contact information of the food recovery service or food recovery organization.

b. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

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

d. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

(d) Tier one commercial edible food generators shall submit food recovery reports, as defined below, to the Department or designee according to the following schedule:

(1) On or before August 1, 2022, tier one commercial edible food generators shall submit a food recovery report for the period of January 1, 2022 through June 30, 2022.

(2) On or before May 1, 2023, and on or before May 1 each year thereafter, tier one commercial edible food generators shall submit a food recovery report for the period covering the entire previous calendar year.

(e) Tier two commercial edible food generators shall submit food recovery reports, as defined below, to the Department or designee according to the following schedule:

(1) On or before May 1, 2025, and on or before May 1 each year thereafter, tier two commercial edible food generators shall submit a food recovery report for the period covering the entire previous calendar year.

(f) Food recovery reports submitted by tier one and tier two commercial edible food generators shall include the following information:

(1) The name and address of the commercial edible food generator;

(2) The name of the person responsible for the commercial edible food generator's edible food recovery program;

(3) A list of all contracted food recovery services or food recovery organizations that collect edible food from the commercial edible food generator;

(4) The total number of pounds of edible food, per year, donated through a contracted food recovery organization or food recovery service.

(g) Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557, Chapter 557, Statutes of 2017.

(Ord. No. 48.22, § 1, 12/7/21)

(a) Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(1):

(1) The name, address, and contact information for each commercial edible food generator from which the service collects edible food.

(2) The quantity in pounds of edible food collected from each commercial edible food generator per month.

(3) The quantity in pounds of edible food transported to each food recovery organization per month.

(4) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food for food recovery.

(b) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(2):

(1) The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.

(2) The quantity in pounds of edible food received from each commercial edible food generator per month.

(3) The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.

(c) Food recovery organizations and food recovery services that have their primary address physically located in the City and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR § 18991.3(b) shall submit food recovery reports, as defined below, to the Department or designee according to the following schedule:

(1) On or before August 1, 2022, food recovery organizations and food recovery services shall submit a food recovery report for the period of January 1, 2022 through June 30, 2022.

(2) On or before May 1, 2023, and on or before May 1 each year thereafter, food recovery organizations and food recovery services shall submit a food recovery report for the period covering the entire previous calendar year.

(d) Food recovery reports submitted by food recovery services or organizations shall include the following information:

(1) Total pounds of edible food recovered in the previous calendar year from tier one and tier two edible food generators with whom the reporting entity has a contract or written agreement pursuant to 14 CCR Section 18991.3(b).

(2) Total pounds of edible food recovered in the previous calendar year from tier one and tier two edible food generators within Santa Clara County with whom the reporting entity has a contract or written agreement pursuant to 14 CCR Section 18991.3(b).

(e) In order to support edible food recovery capacity planning assessments or other studies, food recovery services and food recovery organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City and its commercial edible food generators. A food recovery service or food recovery organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.

(Ord. No. 48.22, § 1, 12/7/21)

(a) Haulers shall meet the following requirements and standards as a condition of approval of a permit or other authorization with the City to collect organic waste:

(1) Through written notice to the City annually on or before June 1, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, source separated green waste, and source separated food waste.

(2) Transport source separated recyclable materials, source separated green waste, and food waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

(3) Obtain approval from the City to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting construction and demolition debris.

(b) Haulers authorized to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its permit or other agreement entered into with the City.

(Ord. No. 48.22, § 1, 12/7/21)

(a) Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the City's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days.

(b) Community composting operators, upon the City's request, shall provide information to the City to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the City shall respond within 60 days.

(Ord. No. 48.22, § 1, 12/7/21)

(a) Self-haulers shall source separate all recyclable materials and organic waste generated on-site from solid waste in a manner consistent with 14 CCR §§ 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility.

(b) Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.

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

(1) Delivery receipts and weight tickets from the entity accepting the waste.

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

(3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

(d) Self-haulers that are commercial businesses (including multi-family self-haulers) shall provide information collected in Section V-200-11.10(c) to the City if requested.

(e) A residential organic waste generator that self-hauls organic waste is not required to record information in Section V-200-11.10(c) or report information in Section V-200-11.10(d).

(Ord. No. 48.22, § 1, 12/7/21)

(a) The Department and/or designee 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 to confirm compliance with this Chapter by organic waste generators, commercial businesses, property owners, haulers and self-haulers, tier one and tier two commercial edible food generators, food recovery services, and food recovery organizations, subject to applicable laws. This Section does not allow the Department or designee to enter the interior of a private residential property for inspection.

(b) Regulated entities shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the Department's or designee's employees during such inspections and investigations. Such inspections and investigations may include in-person or electronic review of edible food recovery activities, records, or any other requirement of this Chapter described herein. Failure to provide or arrange for access to an entity's premises or access to records for any inspection or investigation is a violation of this Chapter and may result in penalties described.

(c) Any records obtained by the Department or designee during its inspections, 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) Representatives of the Department and/or designee are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.

(e) Department and/or designee shall receive written complaints, including anonymous complaints, regarding entities that may be in violation of this Chapter. Complaints shall include the name and contact information of the complainant, if the complainant is not anonymous; the identity of the alleged violator, if known; a description of the alleged violation including location(s) and all other relevant facts known to the complainant; any relevant photographic or documentary evidence to support the allegations in the complaint; and the identity of any witnesses, if known.

(Ord. No. 48.22, § 1, 12/7/21)

This Section provides for issuance of a notice and/or an administrative hearing process which is in addition to any and all legal remedies, criminal or civil, which may be pursued by the City to address any violation of this Chapter.

(Ord. No. 48.22, § 1, 12/7/21)

(a) Declaration of public nuisance: Any private property, or use of private and/or public property found to be maintained in violation of the foregoing sections is hereby declared to be a public nuisance and shall be abated by rehabilitation, removal, or repair pursuant to the procedures set forth herein. The procedures for abatement set forth herein shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner provided by law including, but not limited to. Civil Code Section 3480. Any other City ordinance that provides that a violation of the ordinance may be declared a nuisance or a public nuisance may be abated pursuant to the procedures set forth herein, and be subject to those provisions allowing for cost recovery, at the discretion of the City Manager or his or her designee.

(b) Notice of abatement: Any violation of this Chapter may be abated through the abatement process identified in Section V-500-3.01.

(c) Administrative fine: Violation of any provision of this Chapter shall constitute grounds for issuance of a notice of violation and assessment of an administrative fine by the Department or its designee. Absent compliance by the respondent within the deadline set forth in the notice of violation, the Department or its designee shall commence an action to impose penalties, via an administrative citation and fine under Chapter 21 of Title I.

(d) Violation of any provision of this chapter that is a violation of the SB 1383 Regulations shall constitute grounds for issuance of a notice of violation and assessment of a fine by a enforcement officer. Enforcement Actions under this chapter are issuance of an administrative citation and assessment of a fine. The procedures in Chapter 21 of Title I shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this Chapter, except as otherwise indicated in this Chapter.

(e) Notice of violation. Before assessing an administrative fine, the Department and/or designee shall issue a notice of violation requiring compliance within 60 days of issuance of the notice. The notice shall include: (1) the name(s) of each person or entity to whom it is directed, (2) a factual description of the violations, including the regulatory section(s) being violated, (3) a compliance date by which the respondent is to take specified action(s), and (4) the penalty for not complying before the specified deadline. For repeat and/or willful violations, the Department or its designee may require compliance within fewer than 60 days or may immediately issue an administrative citation and fine.

(f) Extensions to compliance deadlines. The Department or its designee may extend the compliance deadlines set forth in a notice of violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

(2) Delays in obtaining discretionary permits or other government agency approvals;

(3) Deficiencies in edible food recovery capacity and the existence of a corrective action plan imposed by CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies; or,

(4) Any other circumstance in which the Department Director, in their sole discretion, finds good cause to extend the compliance deadlines.

Any other circumstance in which the Department Director, in their sole discretion, finds good cause to extend the compliance deadlines.

(g) Administrative citations. If the respondent fails to correct the violation by the compliance date or as otherwise provided in subsection (b), the Department or its designee shall issue an administrative citation and fine.

(Ord. No. 48.22, § 1, 12/7/21)

The penalty levels for violations of Section V-200-14.20(d) are those set forth in Section I-21-1.04.

(Ord. No. 48.22, § 1, 12/7/21)

Persons receiving an administrative citation containing a penalty for an uncorrected violation pursuant to Section V-200-13.20(d) may request a hearing to appeal the citation pursuant to Chapter 21 of Title I.

If the administrative citation is relating to edible food recovery, the Department or its designee will designate a hearing officer who shall conduct the hearing and issue a final written order. The hearing officer may be a County official or another public agency. The hearing officer shall be identified in the administrative citation.

(Ord. No. 48.22, § 1, 12/7/21)

Beginning January 1, 2022 and through December 31, 2023, the City will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance with the SB 1383 Regulations, and if the City determines that organic waste generator, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

(Ord. No. 48.22, § 1, 12/7/21)

It shall be unlawful to violate any provision of this Chapter. Violation thereof shall constitute an infraction pursuant to the provisions of Section Title I, Chapter 1 of the Milpitas Municipal Code and shall be punishable as therein provided.

(Ord. No. 48.22, § 1, 12/7/21)

Any nuisance maintained in violation of the provisions of this Chapter may be summarily abated by City. The expense of such abatement may be made a special assessment lien against the land upon which said nuisance is committed or maintained in accordance with the provisions of the Milpitas Municipal Code or applicable abatement procedures established by the laws of the State of California, and shall also constitute a personal obligation of the persons causing the nuisance or allowing the same to exist.

For the purposes hereof, the City Manager is hereby designated as the public officer to perform the duties of Superintendent imposed by Title 4, Division 3, Part 2, Chapter 13, Article 3 of the Government Code of the State of California.

(Ord. No. 48.22, § 1, 12/7/21)

In event of wartime, natural, physical or other disaster in or proximate to the City limits resulting in the declaration of a state of emergency by the City Manager or City Council, the authorized contractor shall make available to the City, at no additional cost to the City, all trucks, equipment and personnel normally performing services under the contract with City, for emergency operations conducted or directed by City emergency organization.

(Ord. No. 48.22, § 1, 12/7/21)

City shall have the right to take possession of all such equipment provided by the authorized contractor, and to temporarily employ all authorized contractor personnel so provided as emergency operations forces of the City, under the direction and control of City's Director of Emergency Services.

(Ord. No. 48.22, § 1, 12/7/21)

In addition to the equipment and personnel above, the authorized contractor shall make available such equipment and personnel as is reasonably practicable from those authorized contractor operations and resources not serving City; to the extent necessary to conduct effective solid waste, recyclable materials, organic materials, and C&D removal during any declared state of emergency to the specifications of the City's Director of Emergency Services.

(Ord. No. 48.22, § 1, 12/7/21)

In the event the solid waste, recyclable materials, organic materials, and/or C&D collection or disposal services of an authorized contractor are interrupted by a labor dispute and scheduled collection or disposal services are discontinued for more than 72 hours, City shall have the right to forthwith take temporary possession of all facilities and equipment of the authorized contractor for the purpose of continuing the service which the authorized contractor has agreed to provide to preserve and protect the public health and safety. City shall have the right to retain possession of said facilities and equipment and to render the required service until the authorized contractor can demonstrate to the satisfaction of the City that required services can be resumed by the authorized contractor; provided, however, that such temporary assumption of the authorized contractor's obligations under the contract with City shall not be continued by City for more than 120 days from the date such operations were undertaken. Should the authorized contractor fail to demonstrate to the satisfaction of the City that required services can be resumed by the authorized contractor prior to the expiration of the aforementioned 120 days, and unless otherwise provided in the contract, the contract may be terminated at the option of City and the rights and privileges granted in such contract canceled.

(Ord. No. 48.22, § 1, 12/7/21)

During any period in which City has temporarily assumed the obligations of an authorized contractor under a franchise agreement, City shall be entitled to the gross revenue attributable to operations during such period and shall pay therefrom only those costs and expenses applicable or allocable to said period. The excess, if any, of revenue over applicable or allocable costs and expenses during such period shall be deposited in the treasury of City to the credit of the General Fund. The loss, if any, during such period shall be borne by City. Final adjustment and allocation of gross revenue, costs and expenses to the period during which City temporarily assumed the obligations of an authorized contractor shall be determined by an audit by a certified public accountant and prepared in report form with his or her opinion annexed thereto. The cost of the audit shall be paid by the authorized contractor.

(Ord. No. 48.22, § 1, 12/7/21)

Employees of an authorized contractor may be employed by City during any period in which the City temporarily assumes the obligations of the authorized contractor under the contract. Provided, however, that the rate of compensation to be paid such employees, or any other employees, shall be the rate or rates in effect at the time the authorized contractor's service was interrupted by the labor dispute.

(Ord. No. 48.22, § 1, 12/7/21)