Monrovia Municipal Code Ch. 8.08 Residential Solid Waste, Green Waste and Recyclable Materials Collection

The City Council finds and determines as follows:

(A) The city is empowered under California Constitution Section 7 of Article XI to make and enforce, within its limits, all police and sanitary ordinances and regulations not in conflict with general laws; and

(B) The California Constitution and the Act authorize the city to determine the aspects of solid waste handling which are of local concern, including the means by which solid waste services are to be rendered and whether solid waste services are to be provided on an exclusive or non-exclusive basis; and

(C) The California Integrated Waste Management Act of 1989 (the “Act” sometimes referred to as “AB 939”) requires the city to divert, through a combination of source reduction and recycling programs, 50% of its solid waste from landfill disposal by the year 2000; and

(D) Uniformity in the type and frequency of collection services, means of collection and transportation, type of equipment used, and the nature, location, reporting information and extent of providing solid waste collection services within the city are vital for compliance with statutory requirements set forth by the Act; and

(E) This Chapter 8.08 of the Monrovia Municipal Code shall institute standards for the establishment and maintenance of an exclusive system to provide residential solid waste collection, recycling and disposal services; and

(F) The City Council has determined and found that public health, safety and well-being require that an exclusive franchise be granted to a qualified solid waste enterprise for residential solid waste collection, recycling and disposal services for all residential premises within the city.

(`83 Code, § 8.08.010) (Ord. 99-05 § 2, 1999)

For purposes of this chapter, the following words are defined in this section:

ACT. The California Integrated Waste Management Act of 1989, as it now exists or may be subsequently amended, found in Cal. Public Resource Code §§ 40000 et seq., and implementing regulations.

BEAR-RESISTANT SOLID WASTE CONTAINER. A 90- to 96-gallon, covered, wheeled container with a bear-resistant latching lid and steel reinforcement, to be used for the temporary accumulation of solid waste at residential premises and suitable for automated collection.

BIN or RESIDENTIAL SOLID WASTE BIN. A state-of-the-art bin or solid waste container with a capacity of between one and three cubic yards, designed for mechanical pickup by collection vehicles and equipped with a lid, or where appropriate for the premises served, a roll-off or drop box or compactor.

BULKY ITEMS. Large and small household appliances, furniture, carpets, mattresses, oversized yard waste such as tree trunks and branches if no larger than two feet in diameter and four feet in length, and similar large items discarded by residential service recipients.

CITY. The City of Monrovia, California, a municipal corporation.

CITY MANAGER. The City Manager of the city, or the City Manager's designated representative.

COLLECTION AGREEMENT. An agreement between the city and a solid waste enterprise, entered into pursuant to Chapter 8.08 of Title 8, for the provision of solid waste and recyclable materials collection services for residential premises in the city. A COLLECTION AGREEMENT may be characterized as a contract or a franchise.

CONSTRUCTION AND DEMOLITION WASTE. Any solid waste or debris generated as the result of construction or demolition, including without limitation, discarded packaging or containers and waste construction materials, whether brought on-site for fabrication or used in construction or resulting from demolition, excluding liquid waste and hazardous waste.

CUSTOMER. A person in charge of day-to-day activities at a residential premises.

ELECTRONIC WASTE. Discarded cellular telephones; corded and cordless telephones; televisions; DVD, Blu-ray, and video cassette players and recorders; tape recorders and players; radios; electronic game consoles; microwave ovens; computer and computer peripheral equipment and accessories; printers; copiers; fax machines; scanners; disk drives and hard drives; audio components such as amplifiers and tuners; projectors; modems and routers; and television accessories used to stream signals from a computer or the Internet to a television.

GREEN WASTE. Leaves, grass clippings, brush, branches, limbs and other forms of organic materials generated from landscapes or gardens at residential premises, and incidental pieces of scrap lumber no longer than 24 inches long, separated from other solid waste. GREEN WASTE includes Christmas trees but does not include stumps or branches exceeding three inches in diameter or three feet in length, or palm fronds or yucca leaves, which are not suitable for composting.

GREEN WASTE BARREL. A 90 or 60-gallon container with cover and wheels, suitable for automated collection, to be provided to residential customers by the person having a contract or franchise for the provision of such services and used for the temporary accumulation and collection of green waste.

HAZARDOUS SUBSTANCE. Any substance, waste or mixture of wastes defined as a “Hazardous Substance” or “Hazardous Waste” pursuant to the Resource Conservation and Recovery Act (RCRA), 42 USC 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 USC 9601 et seq., and all future amendments to either of them, or as defined pursuant to the California Hazardous Substances Account Act, Cal. Health and Safety Code §§ 25300 et seq., and any consumer products with any of the characteristics of a hazardous substance. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term “Hazardous Waste” shall be construed to have the broader, more encompassing definition.

IN THE CITY OR WITHIN THE CITY. All of the territory within the corporate boundaries of the city as such boundaries exist on the effective date of this definition or may thereafter exist by virtue of annexation of territory to or detachment of territory from the boundaries of the city.

MULTI-UNIT PREMISES. Those multi-unit residential premises that receive collection of solid waste using bins, and not residential solid waste containers.

MUNICIPAL CODE. The Monrovia Municipal Code.

RATE. The charge to a residential solid waste customer for solid waste and recyclable materials services provided by the franchised hauler.

RECYCLABLE MATERIALS. Those materials that are suitable for recycling including, but not limited to, newspapers (including inserts and coupons); glass jars and bottles; cans (aluminum, bi-metal and tin cans); mixed paper (brown bags, cereal boxes, colored paper, computer paper, construction paper, cracker boxes, envelopes, junk mail, legal pad backings, paper egg cartons, shoe boxes, and white paper; telephone books; magazines and catalogs; corrugated cardboard; chipboard; aluminum foil and trays; aerosol cans; scrap metal; plastic containers (1-7); plastic bags.

RECYCLING. The process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw materials for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. RECYCLING does not include “Transformation” as defined in Cal. Public Resources Code § 40201.

RECYCLING CONTAINER. A 90-gallon container suitable for automated collection, to be provided to residential customers and used for the temporary accumulation and collection of recyclable materials.

RESIDENTIAL PREMISES. A residential dwelling unit comprised of either a detached building, or each unit of a multi-family dwelling with separate kitchen and bathing facilities, including mobile home parks. RESIDENTIAL PREMISES shall not include hotels, motels, nursing homes, convalescent centers, barracks, dormitories or other similar places or institutions.

RESIDENTIAL SOLID WASTE CONTAINER. A 90-, 60-, or 30-gallon container provided to residential customers, to be used for the temporary accumulation of solid waste at residential premises and suitable for automated collection.

SOLID WASTE. Shall have the meaning set forth in Cal. Public Resources Code § 40191, and includes “green waste.”

SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION SERVICES. The collection, storage, transfer, recycling, processing and disposal of solid waste, and the collection, storage, transfer and processing of recyclable materials.

SOLID WASTE ENTERPRISE. Any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing solid waste and recyclable materials collection services.

STATE. The State of California.

(`83 Code, § 8.08.020) (Ord. 99-05 § 2, 1999; Ord. 2009-05 § 1, 2009; Ord. 2014-07 § 1, 2014)

The City Council of the city determines that the regular collection and disposal of solid waste is essential to the maintenance of the health, safety and welfare of the citizens of Monrovia. Therefore, every person in possession of or having control over the day-to-day activities at a residential premises (the “customer”) where solid waste is accumulated shall provide for the collection and proper disposal of such solid waste as defined in this chapter. The regular collection of solid waste from residential premises shall occur not less than once per week.

(`83 Code, § 8.08.030) (Ord. 99-05 § 2, 1999)

In the interest of diverting as much recyclable material as possible from landfills, customers, to the best of their ability, shall comply with the provisions of this chapter.

(A) Customers shall place solid waste in the residential solid waste container or bin provided by the person having a contract with the city for the collection and disposal of residential solid waste.

(B) Customers shall place green waste in the residential green waste container or bin provided by the person having a contract with the city for the collection and processing of residential green waste.

(C) If customers choose to participate in a curbside recycling program, they shall place recyclable materials in the recycling container provided by the person having a contract with the city for their collection.

(D) Should customers residing in multi-unit premises choose to participate in a recycling program, they shall place recyclable materials in the recycling bin provided by the person having a contract with the city for their collection.

(E) Should residential solid waste or recycling containers be damaged and unusable or unsafe, customers shall receive a replacement container at no additional charge from the person having a contract with the city for the collection and disposal of residential solid waste. In the event that a residential solid waste or recycling container is stolen, customers shall receive a replacement container from the person having a contract with the city for the collection and disposal of residential solid waste, after first filing an official police report with the Police Department.

(`83 Code, § 8.08.040) (Ord. 99-05 § 2, 1999; Ord. 2009-05 § 2, 2009)

Customers shall adhere to the guidelines set forth in this section for the collection of residential solid waste, green waste and recyclable material.

(A) Where a customer's property is contiguous to a public street or alley, all articles for collection shall be set out in the street immediately abutting the curb or at the alley property line by customers.

(B) Where a customer's property is not contiguous to a public alley, all articles for collection shall be set out in the public parkway or at the curbline by customers.

(C) No collections from customers shall be made where there is no publicly dedicated street or alley, unless a specific easement is granted to the city for this purpose.

(D) No residential solid waste containers or bins, green waste barrels, or recycling containers or bins shall be placed for collection until after sunset on the day prior to the customer's regular collection day. Such containers shall be removed by sunset on the day of collection.

(`83 Code, § 8.08.050) (Ord. 99-05 § 2, 1999)

No person shall throw or deposit hazardous substances into solid waste containers used for municipal solid waste disposal. All hazardous substances must be properly disposed of or recycled.

(`83 Code, § 8.08.060) (Ord. 99-05 § 2, 1999)

It shall be unlawful for any person to burn, bury, transport or convey any solid waste over or upon any public street, alley or other public place within the city without having first obtained a permit from the city; provided, however, that the provisions of this section shall not apply to employees of the city, or persons who are assigned by the person having a contract or franchise to collect and dispose of solid waste.

(`83 Code, § 8.08.070) (Ord. 99-05 § 2, 1999)

(A) The City Council may authorize, by contract, one or more solid waste enterprises to provide solid waste and recyclable materials collection services for residential premises. In the sole discretion of the City Council, the solid waste and recyclable materials collection services may be authorized on an exclusive or nonexclusive basis, and with or without competitive bidding, and may relate to any class or type of solid waste within the city or any part of it.

(B) No person shall collect or dispose of solid waste or recyclable materials from residential premises within the city unless that person has entered into a collection agreement with the city, except as otherwise specifically provided in this chapter, and irrespective of any permit issued by any other governmental agency authorizing collection of solid waste or recyclable materials. Any such collection agreement shall be in addition to any business license or permit otherwise required by this Municipal Code.

(C) The terms and provisions of any collection agreement for solid waste and recyclable materials collection services may relate to or include, without limitation, such requirements, conditions, policies and procedures as may be mutually agreed upon by the parties to the collection agreement and which will, in the judgment and discretion of the City Council, best serve the public interest and protect the public health, safety and welfare.

(D) In the event of any conflict between the provisions of a collection agreement which is authorized and approved by the City Council and the provisions of this chapter, the provisions of the collection agreement shall control.

(Ord. 2009-05 § 3, 2009)

The city shall establish rate ceilings and fees for the provision of residential solid waste, green waste and recyclable material collection and disposal, as well as the administration of the city's Integrated Waste Management Plan (the “AB 939 fee”).

(A) Rates and fees for residential solid waste, green waste and recyclable material collection and disposal shall be set forth in the contract or franchise maintained by and between the city and the person having a contract or franchise for the provision of such services.

(B) Rates and fees may be adjusted annually, pursuant to the methodology described in the contract or franchise by and between the city and the person having a contract or franchise for the provision of such services.

(C) A fee in an amount set forth in a resolution of the City Council shall be charged for each residential premises within the city to fund the cost of preparing, adopting and implementing the source reduction and recycling element and the Integrated Waste Management Plan mandated by Cal. Public Resources Code §§ 40000 et seq. The fee shall be paid by the person to whom the bill for payment is addressed as provided in a resolution of the City Council. The fee shall be in addition to any other rate or fee for residential solid waste collection authorized by this Municipal Code.

(`83 Code, § 8.08.080) (Ord. 99-05 § 2, 1999)

All customers shall be entitled to two bulky items pick-ups per year, free of charge. To schedule such bulky item pick-ups, customers shall contact the person having a contract or franchise for the provision of such services two weeks prior to the date that they wish to have the bulky item collected.

(A) Should customers need more than two bulky item pickups, they may schedule such pick-ups with the person having a contract or franchise for the provision of such services, but at a rate prescribed in the contract or franchise maintained by the city and the person having the contract or franchise.

(B) It shall be unlawful for any person to abandon bulky items on the public right-of-way. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine, imprisonment, or both as provided elsewhere in this Municipal Code.

(`83 Code, § 8.08.090) (Ord. 99-05 § 2, 1999)

Those customers who live north of Foothill Boulevard may obtain a 90-gallon certified bear-resistant solid waste container upon signing a three-year agreement with the person having a contract or franchise for the provision of such services for service using the bear-resistant solid waste container.

(A) The person having a contract or franchise for the provision of such services may charge the customer a monthly fee per bear-resistant container, in addition to the monthly 90-gallon service rate, for the 36-month term of the agreement. Upon completion of the 36-month agreement, the person having a contract or franchise for the provision of such services will continue to service the bear-resistant container, but at the regular 90-gallon service rate. Monthly fees will be specified in the agreement between the city and the person having a contract or franchise for the provision of such services.

(B) If a customer is not currently at a 90-gallon trash service level, the service level will be increased to the current 90-gallon service rate as established in the exclusive residential solid waste franchise agreement.

(C) The customer must unlock the bear-resistant container prior to service. The customer may elect to have the person having a contract or franchise for the provision of such services unlock their container on collection day for an additional monthly service charge per bear-resistant container.

(D) If a customer is dissatisfied with the bear-resistant container, the customer will have 30 days after delivery of the container to return the container to the person having a contract or franchise for the provision of such services, provided the container is in good working condition. The person having a contract or franchise for the provision of such services shall remedy the customer's dissatisfaction or, if it cannot be remedied, will cancel the 36-month contract. The person having a contract or franchise for the provision of such services shall retrieve the container upon customer request.

(E) Broken or damaged bear-resistant containers will be replaced by the person having a contract or franchise for the provision of such services upon request of a customer.

(F) Any debris spilled from wildlife on private property or within the public right-of-way is the responsibility of the customer for remediation.

(Ord. 2014-07 § 2 (part), 2014)

Electronic waste is not permitted for disposal in the landfill under state requirements and, therefore, must be handled and disposed of separately.

(A) The person having a contract or franchise for the provision of such services shall provide all residential customers with curbside collection of up to ten items of electronic waste placed at the curb by a customer on the customer's next regularly scheduled collection day. The person having a contract or franchise for the provision of such services may charge the city a fee for such collection.

(B) Customers shall place electronic waste at the curb by 6:00 a.m. on the day of collection, but not before 6:00 p.m. on the day before collection.

(C) It shall be unlawful for any person to abandon electronic waste on the public right-of-way.

(Ord. 2014-07 § 2 (part), 2014)

It shall be unlawful for any person whose residential solid waste has been collected under the provisions of this chapter to willfully fail, neglect, or refuse to pay the rates and fees described in this chapter.

(`83 Code, § 8.08.100) (Ord. 99-05 § 2, 1999)

No person, business or entity shall pick up or collect refuse or recyclable materials placed in, upon or along any street. This section shall not apply to city employees or employees of a person having a contract with the city for the collection or disposal of refuse or recyclable material.

(`83 Code, § 8.08.105) (Ord. 2000-30 § 1, 2000)

The City Manager is hereby empowered and directed to administer the provisions of this chapter, subject to the rules and regulations as may from time to time be established by the City Council.

(`83 Code, § 8.08.110) (Ord. 99-05 § 2, 1999)

With the exception of the provisions outlined in § 8.08.100, any person violating any other of the provisions of this chapter shall be deemed guilty of an infraction and upon citation thereof, shall be punishable by a warning, fine, or both as provided elsewhere in this code.

(`83 Code, § 8.08.120) (Ord. 99-05 § 2, 1999)