Mission Viejo Municipal Code Div. 8 Self-Haulers, Gardeners, and Composting Operations Requirements

Footnotes:

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Editor's note— Ord. No. 21-340, § 2, adopted July 13, 2021, changed the title of div. 8 from "Self-Haulers and Gardeners" to read as herein set out.

(a) Self-haulers shall source separate all recyclable materials and organic waste (materials that the city otherwise requires generators to separate for collection in the city's organics and recycling collection program) generated on-site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.

(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 6.10.900(c) to the city, if requested.

(e) A residential organic waste generator that self-hauls organic waste is not required to record or report information in section 6.10.900(c) and (d).

(Ord. No. 96-155, § 1, 1-8-96; Ord. No. 21-340, § 2, 7-13-21)

(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 city 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 city 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. 21-340, § 2, 7-13-21)

(a) A commercial business contracting for gardening or landscaping services shall require written contracts which contain the following provisions:

(1) All green waste generated at the premises by the landscaping or gardening service shall be diverted from disposal by one or more of the methods in section 6.10.900(a).

(2) A requirement that the landscaper or gardener certify that the requirements set forth in subsection (a) of this section are being met.

(3) A requirement that the landscaper or gardener annually, on or before July 1, certify that it is compliant with this section by completing and submitting a city-provided reporting form.

(4) A requirement that the landscaper or gardener provide copies of weight tickets from the permitted processing facility(ies) where the green waste from premises within the city were delivered by the landscaper or gardener.

(b) On or before July 1 of each year, commercial businesses that contract with a landscaping or gardening service shall complete and submit a compliance reporting form as provided by the city with the following items attached:

(1) Copies of the commercial businesses contract(s) with the landscaping or gardening service(s) that comply with this section.

(2) Copies of landscaper and gardener certification(s) that certify that the requirements set forth in subsections (a) of this section were met during the preceding 12 months.

(c) Upon request by the city, a commercial business contracting for gardening or landscaping services shall provide copies of the contracts, certifications, receipts and/or weight tickets from the permitted processing facility(ies) to the city within 30 calendar days of service of the request.

(d) Gardeners shall not be used in lieu of the requirement to make arrangements for collection services in section 6.10.215.

(Ord. No. 21-340, § 2, 7-13-21)