Morro Bay Municipal Code Ch. 8.16 Solid Waste Management

This chapter shall be known as the solid waste management ordinance. All reference to "refuse ordinance" in this chapter are amended to read "solid waste ordinance."

(Ord. 466 (part), 1998)

The city of Morro Bay finds that it is necessary, in order to preserve the environment and protect the health, safety and quality of life of the residents of Morro Bay and to conserve disposal capacity, to provide for an efficient solid waste management system which includes collection of solid waste and recyclable materials. The city also finds it is necessary to assure that all generators of solid waste and recyclable materials within the city are included in said collection system. It is further found that a stable revenue source is necessary to provide solid waste management and recycling services as required by federal and state mandates.

(Ord. 466 (part), 1998)

The health, welfare, and safety of the people of the city require that regulations and procedures be established that will provide for the storage, collection and disposal of refuse and waste materials that accumulate within the city, including recyclable material. The purpose of this chapter is to provide for the management of solid waste and recycling, the storage, collection, transportation, recovery of recyclable materials and disposal of solid waste in the city and provide for a stable revenue source with which the city may provide adequate management of solid waste. To assure the existence and continuance of the collection and disposal system that will benefit all citizens of the city, it is necessary that regulations and procedures be established as set forth in this chapter.

(Ord. 466 (part), 1998)

"Collection" means the act of collecting solid waste or recyclable materials at residential, commercial, industrial, or governmental sites, and hauling it to a facility for processing, transfer or disposal.

(Ord. 466 (part), 1998)

"Collection station" means the location where the occupant of any premises places solid waste in standard containers for collection by an authorized refuse and/or recycling collector.

(Ord. 466 (part), 1998)

"Composting" means the controlled biological decomposition of nonputrescible organic wastes that are source separated from the solid waste stream.

(Ord. 466 (part), 1998)

"Curbside recycling" means the physical separation of recyclable materials from other waste materials by a refuse customer for placement in a separate container or containers of the binding of recyclable materials separately from other waste materials for placement at the curb for collection and removal by refuse collector using a separate recycling vehicle for which a fee may be charged as part of the refuse collection rate.

(Ord. 466 (part), 1998)

"Disposal" means the final disposition of solid wastes into a sanitary landfill or other legal disposal location.

(Ord. 466 (part), 1998)

"Disposal area" means an approved premises or site where the disposal of refuse not produced on such premises or site is permitted to occur.

(Ord. 466 (part), 1998)

"Garbage" means trimmings and leftovers from the preparation of meals, and spoiled and wasted foods from homes, restaurants, markets and other accommodations occupied by human beings, and the unwashed paper, cardboard, wood, metal, plastic or glass containers and to which putrescible food particles may adhere, including recyclable materials.

(Ord. 466 (part), 1998)

"Hazardous waste" means any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer, which generates pressure through decomposition, heat or other means, if such a waste or mixture of wastes may cause substantial personal injury, serious illness or harm to humans, domestic animals, or wildlife, during, or as an approximate result of any disposal of such wastes or mixture of wastes as defined in Article 2, Chapter 6.5, Section 25117 of the Health and Safety Code.

(Ord. 466 (part), 1998)

"Household hazardous waste" means any hazardous waste generated incidental to owning or maintaining a place of residence. Household hazardous waste does not include any waste generated in the course of operating a business concern at a residence.

(Ord. 466 (part), 1998)

"Landfill" means a permitted management facility at which solid wastes and municipal solid wastes are deposited and compacted before burial in a specially prepared area which provides for environmental monitoring and treatment.

(Ord. 466 (part), 1998)

"Persons" means any individual, firm, association, organization, partnership, corporation, or company, and includes every public agency subject to the provisions of this chapter and any officer thereof.

(Ord. 466 (part), 1998)

"Premises" means the integral area of a parcel or lot, including improvements, to which electricity and water service are provided.

(Ord. 466 (part), 1998)

"Putrescible wastes" means wastes that are capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances because of odors, gases, or other offensive conditions, and includes materials such as food wastes, offal and dead animals.

(Ord. 466 (part), 1998)

"Recyclable" or "recyclable material" means those materials that are normally part of the solid waste stream which have market value and can be segregated from nonrecyclable waste and recycled, reused and/or composted.

(Ord. 466 (part), 1998)

"Recycle" or "recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become a part of the solid waste stream disposed at a landfill, and returning them to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards to be used in the marketplace.

(Ord. 466 (part), 1998)

"Recycling collector" means, for the purpose of this chapter, an agent or employee of the city, or any person, firm, corporation or association, or the agents or the employees thereof, with whom the city shall have duly contracted and franchised under the terms set out in this chapter, and under the provisions of the general laws, to collect and transport recyclable material produced within the limits of said city to a recycling facility for processing.

(Ord. 466 (part), 1998)

"Recycling container" means a container(s) provided by a recycling collector for the purpose of storing recyclables that are to be collected by the city's curbside recycling program.

(Ord. 466 (part), 1998)

"Refuse" means all putrescible or nonputrescible solid and semisolid waste, whether combustible or noncombustible, including garbage and rubbish, but excluding hazardous waste materials as defined in Section 8.16.052.

(Ord. 466 (part), 1998)

"Refuse collector" includes and means, for the purpose of this chapter, an agent or employee of the city, or any person, firm, corporation or association, or the agents or the employees thereof, with whom the city shall have duly contracted and franchised under the terms set out in this chapter, and under the provisions of the general laws, to collect, transport through the streets, alleys or public ways of the city, and dispose of refuse and/or waste material produced within the limits of the city.

(Ord. 466 (part), 1998)

"Rubbish" means and includes all refuse as defined in Section 8.16.080, except that which is defined in Section 8.16.050 as garbage and Section 8.16.052 as hazardous waste material.

(Ord. 466 (part), 1998)

"Standard container" means a metallic can or plastic, watertight container with a close-fitting cover, a cover handle and side bails, of thirty-two gallons or less in gross capacity, and not to exceed seventy-five pounds in gross weight when filled. The container(s) shall be provided by the owner, occupant or the person maintaining the premises within the city.

(Ord. 466 (part), 1998)

"Solid waste" is the term used to collectively refer to garbage, rubbish, refuse and hazardous waste materials, and includes recyclable materials.

(Ord. 466 (part), 1998)

"Storage" means the interim containment of solid waste and recyclable materials in an approved manner, after generation and prior to disposal.

(Ord. 466 (part), 1998)

It is unlawful for any tenant, occupant, or owner of any residential, commercial or manufacturing premises in the city to keep, deposit or accumulate any solid waste or permit solid waste to be kept, disposed or accumulated upon any lot or parcel of land on any public or private place, street or alley unless the same is stored in a standard container. The premises may utilize bin or dumpster containers to be placed in conformance with Section 8.16.160 and of the type and construction to prevent leakage or overflow.

Nothing in this section shall preclude a solid waste customer from privately hauling refuse, rubbish and garbage to a landfill of their choice. In addition, this section does not preclude the storage or accumulation of recyclable materials for the purpose of recycling in conformance with Section 8.16.500, nor does it preclude the storage of household hazardous waste during the time period of its being used.

(Ord. 466 (part), 1998)

It is unlawful for any person occupying or maintaining any premises within the city where solid waste material is created, produced, accumulated or stored to allow the solid waste material to be scattered about the premises in an unsightly, hazardous or unsanitary manner. Any person storing solid waste material on any premises within the city which may create a condition which is unsightly, hazardous, unsanitary or a public nuisance shall be required to remove such solid waste materials. The city health officer, or the code enforcement officer may compel the removal of solid waste materials pursuant to the provisions of Chapter 8.14 by citation with a notice to appear in court or by the procedure for abatement of public nuisances.

(Ord. 466 (part), 1998)

Refuse and/or recycling containers shall be placed in areas at the curbline where they will be readily accessible for collection. The areas and access thereto shall be kept free and clear of all obstacles, such as fences, doors, trellises, flowers, vines, and such that would obstruct a clear passageway for removal of containers. Refuse and recycling containers shall not be placed in any area where the containers will interfere with vehicular or pedestrian traffic on city streets or alleyways. All refuse and recycling stations on all premises within the city shall be maintained in the manner specified in Section 8.16.150 of this chapter. All premises, whether residential, commercial or manufacturing utilizing a bin or dumpster container as described in Section 8.16.140 shall be required to place the refuse and recycling collection station in the rear of the premises and the bin or dumpster container shall be placed in an approved enclosure so that such container is out of public view. The refuse and recycling collection services shall include the replacement of the bin container to the enclosed collection station at the premises and, at no time other than the actual pickup shall the bin container be placed in the public right-of-way. Special rates may be established by the city council for hardship cases where placing of refuse material at the curbline for residential collection is impractical.

(Ord. 466 (part), 1998)

A. It is found and determined that the periodic collection of refuse from all places in the city benefits all occupants of places and premises in the city and in nearly every case the person who is the occupant of any place in or from which solid wastes are created, accumulated or produced has already contracted for other municipal services to the premises.

B. Solid waste collection and disposal service subject to the limitations noted in this chapter shall be provided by the city, and it shall be mandatory for all places and premises in the city in or on which solid waste is created, accumulated or produced to use the city's collection service, except for the curbside recycling program, in which participation is voluntary.

C. For the purposes of establishing liability and responsibility for the payment of fees and charges referred to in this chapter, the party responsible for payment for refuse services is deemed to be the person who has heretofore applied or will hereinafter apply for water service to each place or premises within the city and all fees and charges hereinafter referred to in this chapter shall be collected directly by the city or the authorized contract agent.

D. The owner of the property which is furnished service and the customer, who applies for the service, if different from the property owner, shall be jointly responsible for the payment of all rates, charges and fees, including penalties thereon regarding such furnished services. Unpaid obligations shall run with the land, shall create a lien on the property and shall lead to delinquency for the property involved.

E. For those situations where the city owns the property and the customer applying for service is not the city as the customer is renting or leasing the property from the city, such as a lease site holder, the customer is solely responsible for the payment of all rates, charges and fees, including penalties thereon regarding such furnished services. Unpaid obligations shall create a lien that shall be placed on the customer's annual possessory tax bill.

(Ord. 510 § 1 (part), 2005; Ord. 466 (part), 1998)

Refuse shall be collected by the refuse collector from every premises within the city at least one time each week. Those premises within the city creating large volumes of refuse and/or waste materials shall be required to receive collection service or cause the same to be removed under provisions of this chapter at intervals of more than one time each week as need dictates to prevent unsightly, hazardous or unsanitary conditions.

(Ord. 466 (part), 1998)

Throughout the city, refuse and recycling collection shall be from seven a.m. through seven p.m., Monday through Sunday.

(Ord. 466 (part), 1998)

The refuse collector shall not be required to replace covers on containers after emptying them, nor to pick up refuse which has been scattered on the premises by others. Refuse may be placed at the curb for collection not earlier than eight a.m. on the day preceding the day of collection. The owner of empty refuse containers shall remove them from the street not later than eight p.m. on the day of collection. It is unlawful to place refuse at the curb so that either the sidewalk, street gutter or any public right-of-way is obstructed. Bin or dumpster containers shall be placed and handled in accordance with those provisions in Section 8.16.160.

(Ord. 466 (part), 1998)

All vehicles, conveyances, or containers used for hauling refuse and recycling material within the city shall be of such construction as to comply fully with all laws, rules, and regulations of the state and the county pertaining thereto, and shall be of a type and construction to prevent leakage, spillage or overflow. All refuse and recycling material in such vehicles, conveyances, or containers shall be completely covered or compacted when en route from the last collection station to the disposal area so as to prevent any refuse and recycling material from spilling, overflowing, blowing, or dropping out of said vehicle, conveyance or containers.

(Ord. 466 (part), 1998)

Dead animals shall be disposed of by the poundmaster of the city as provided in Sections 7.12.070 and 7.12.080 of this code.

(Ord. 466 (part), 1998)

All refuse, upon being removed by a refuse collector from the premises where produced, created or accumulated shall become and be the property and responsibility of the refuse collector.

(Ord. 466 (part), 1998)

A. For the collection and disposal of refuse and certain solid waste materials, a contract for a period not to exceed ten years may be entered into by the city, in accordance with and subject to the terms and conditions of this chapter.

B. Such contract shall provide that the contractor shall collect and dispose of the refuse, garbage, rubbish and other solid waste materials in the city in the manner as set forth in this chapter, and shall not charge any amounts in excess of the rates specified in this chapter or by resolution adopted hereunder. Said contractor shall be required to furnish a cash or surety bond to the city at a rate equal to two hundred percent of the estimated monthly gross revenue for mandatory refuse collection service or in the sum of twenty-thousand dollars, whichever is greater, conditioned upon the faithful performance of the contract and the provisions of this chapter.

C. Said contract shall further provide that said contractor shall be required to dispose of all such refuse or garbage and rubbish at a landfill approved by the county health department.

D. Such contract may provide therein for the rates for collection to be charged by the contract agent for the collection and disposal of garbage, wet garbage, refuse and rubbish.

E. Such contract shall also require that said contractor procure for the period covered by the contract, full compensation insurance in accordance with the provisions of the Labor Code of the state.

F. Such contract shall also require that said contractor carry public liability insurance to the extent of at least one hundred thousand dollars, for the death or injury of one person and at least five hundred thousand dollars for the death or injury of more than one person, and property damage insurance of at least one hundred thousand dollars, upon each of the trucks or vehicles used by the refuse collector in carrying out the work called for in the contract; such insurance to cover both the city and the refuse collector. Said insurance amounts shall be reviewed periodically by the city and amended by resolution as determined by the city council.

G. The city council by resolution shall have power to provide for the inclusion in such contract of such terms as it deems necessary to protect the interests of the city.

(Ord. 466 (part), 1998)

The city may either provide an official disposal area for the disposal of refuse collected from within the city, or may designate an approved disposal area provided by others, and the city may require the refuse collector to use such official or approved disposal area.

(Ord. 466 (part), 1998)

The city council may, in its discretion, by enactment of an appropriate ordinance, resolution, or by provisions in an appropriate franchise, provide for a designated disposal area to be operated by a city department, by a franchised or licensed refuse collector, by another independent contractor, or by another public agency.

(Ord. 466 (part), 1998)

The designated disposal area used for the disposal of refuse originating in the city must be operated in compliance with all applicable statutes, orders, and regulations of the state and the county. In the event a disposal area inside the city limits is designated for use, the city council shall prescribe by ordinance specific regulations to insure a sanitary operation, which will not be detrimental or hazardous to surrounding property.

(Ord. 466 (part), 1998)

No waste matter, combustible material or refuse shall be burned in the open air within the city limits. No solid waste shall be burned in any fireplace, incinerator or container within a building located within the city limits. This section shall not apply to agricultural burning pursuant to a permit issued by the San Luis Obispo Air Pollution Control Board or the city fire chief, nor shall it apply to the burning of charcoal or wood for campfires or barbeques.

(Ord. 466 (part), 1998)

It is unlawful for any person to bury solid waste on any premises, public or private, within the city. Nothing in this section shall be interpreted to prohibit the act of composting or the use of compost or any other decomposed organic material used for agricultural and/or gardening purposes.

(Ord. 466 (part), 1998)

It is unlawful for any person to throw, deposit, or cause to be thrown or deposited, any solid waste material in or upon any public street, highway, right-of-way, beach, waters of Morro Bay and the Pacific Ocean, watercourse, waterway, levees, banks, revetments, or breakwaters of watercourses or waterways, or upon any public premises whatsoever within the city, except in an approved disposal area.

(Ord. 466 (part), 1998)

City maintained trash containers are provided to prevent littering of streets and public areas from individual outdoor uses incidental to picnics, camping, and outdoor consumption of food and are not provided for large quantities of collected trash. It is unlawful to deposit yard trimmings, household garbage, accumulated household trash, discarded wearing apparel, or other household property. It is also unlawful to deposit trash generated by the conduct of a business enterprise.

(Ord. 466 (part), 1998)

The refuse collector shall provide weekly collection of one approved container of refuse for all places or premises in the city provided the containers are placed at the curbline in conformance with provisions of Sections 8.16.160 and 8.16.200. Those premises within the city that create larger volumes of refuse shall be provided with more frequent collection service as prescribed in Section 8.16.180 provided those premises establish and maintain collection stations in accordance with the provisions of Sections 8.16.160 and 8.16.200.

(Ord. 466 (part), 1998)

Extra refuse collection in quantities in excess of the amounts specified in Section 8.16.320 may be contracted for with the refuse collector in accordance with the schedules of the type of service, quantities, and rate as set forth in Sections 8.16.360 through 8.16.380 and in conformance with the provisions of Sections 8.16.160 and 8.16.200.

(Ord. 466 (part), 1998)

The following substances shall be the subject of special collections, upon request of the owner or occupant of any premises; liquids, loose building materials, sod and earth, and any refuse not in the authorized number of standard containers. Special collections will be made at the expense of the owner or occupant upon request to the refuse collector. The refuse collector shall be obligated to quote his rate in writing before performing the special collection, and to complete the special collection within forty-eight hours of receipt of the request, excluding Saturdays, Sundays and holidays (unless otherwise requested by the owner or occupant). Rates quoted by the refuse collector for special collections shall be in accordance with the rates as set forth in Sections 8.16.360 through 8.16.380.

(Ord. 466 (part), 1998)

The refuse collector, in addition to providing mandatory collection service, shall provide a free pickup of all rubbish, exclusive of garbage, from the curbline in front of each premises within the city in conjunction with the city and community sponsored "Clean Up Week." All rubbish placed in standard containers; boxes, cans, bales, bundles, or as separate items, none of which shall exceed seventy-five pounds in weight, and five feet in length, will be picked up free of charge at a time and on the date specified by public notice. This free collection is to be provided on, but not limited to, an annual basis to further encourage the beautification of the city and to help create a cleaner and better place in which to live.

(Ord. 466 (part), 1998)

The city council shall, by resolution, establish the rates to be charged for the collection of all refuse by a licensed and duly contracted refuse collector. The city council shall additionally have the authority to establish rates for special circumstances as determined by the city council such as, but not limited to, hardship cases where placing of material at curbline for residential collection is impractical. Rates and basis are given in the master fee schedule.

(Ord. 466 (part), 1998)

Rates for refuse collection charges shall be based upon the number and type of containers, quantities collected, frequency and type of service provided, and whether it is residential or commercial service.

(Ord. 466 (part), 1998)

The city's solid waste contractor shall bill the customers who applied for services at the service address. The owner of the property may request a duplicate bill, upon payment of a reasonable fee to be approved by the city manager. The solid waste contractor is authorized to include the duplicate fee as part of the individual monthly customer bill.

(Ord. 510 § 1 (part), 2005)

The city's solid waste contractor shall provide each property owner with notice of property owner's responsibility for payment of solid waste rates and charges and a summary of Chapter 8.16 of this code as part of all notices of rate increases required by the franchise agreement.

(Ord. 510 § 1 (part), 2005)

A. Duties of Solid Waste Contractor. Once each year, prior to a date established by the city, the solid waste contractor shall take the following actions to collect delinquent residential and commercial solid waste collection and disposal accounts.

1. Present the city with a list of property owners, with corresponding parcel numbers, within the city where the service accounts are more than one hundred twenty days past due;

2. Send a certified letter to each property owner identified in subsection (A)(l) of this section notifying the property owner of the amount of the delinquency and requesting payment within forty-five calendar days. The letter shall further notify the property owner that nonpayment shall result in the city placing a lien on owner's property and collecting the amount owing with general taxes. The letter shall also reference this code section.

3. Present the city with a list of property owners, with corresponding parcel numbers, that have failed to make payment as provided in subsection (A)(2) of this section.

B. City Obligations. The city manager or his or her designee is authorized to record a certificate with the county tax assessor specifying the amount of such charges and fees and the name and address of the persons liable, therefore, upon receipt of the information identified in subsection (A)(3) of this section from the solid waste contractor. The city may include in the lien amount an administration fee to recover the reasonable costs associated with the city having to process the liens.

(Ord. 510 § 1 (part), 2005)

It is the duty of the city administrator or his authorized agents to enforce the provisions of this chapter. Any permit or license of any type issued by any department or officer of the city issued in conflict with the provisions of this chapter is declared null and void.

(Ord. 466 (part), 1998)

A franchise board comprised of at least five city residents who are registered voters within the city may be appointed by and to serve at the pleasure of the city council to conduct certain business relating to solid waste collection such as, but not limited to, hearing complaints, conducting studies and making recommendations to the city council.

(Ord. 466 (part), 1998)

Any person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter is guilty of a misdemeanor/infraction, and upon conviction, is punishable as set forth in Title 1 of this code. Any violation of this chapter which is committed and continues from day to day constitutes a separate offense for each and every day during which such violation is committed or continued.

(Ord. 466 (part), 1998)

The city council shall have the authority to adopt rules and regulations by resolution which are intended to implement the solid waste ordinance without necessity of amending the ordinance provided that the resolutions do not in any way contradict or change the ordinance.

(Ord. 466 (part), 1998)

A city-wide curbside recycling program shall be conducted pursuant to such terms, conditions, circumstances, regulations and procedures as determined by the city council and set forth by resolution and/or amendment to the franchise agreement with the recycling collector. The recycling collector shall provide upon the request of any residential or commercial refuse collection customer or account suitable containers, as determined by mutual agreement of the city administrator or his or her designated representative and the recycling collector, for the purpose of recycling glass, aluminum cans, newspapers and such other recyclable materials as may be added to the curbside recycling program in the future. Refuse collection customers participating in the recycling program shall place the recyclables specified for collection in the recycling container provided by the recycling collector and place such container adjacent to the customer's standard refuse container(s) on each customer's regular refuse collection day. The recycling collector shall collect and remove such recyclables from each participating customer's premises and transport the recyclables to an appropriate facility for processing. The city council shall have the authority to adopt by resolution fees or charges to finance the recycling program pursuant to Resolution No. 34-82 establishing a policy relating to rate increases for refuse collection service. Residential and commercial refuse collection customers may recycle through other organizations of their choice; however, all refuse collection customers, including those not participating in the recycling program, shall be required to pay a fee for the program as part of the refuse collection charge as determined by the city council pursuant to this section and Sections 8.16.170(A) and (C) of this code.

(Ord. 466 (part), 1998)