Mountain House Municipal Code Ch. 1 General Provisions

"Blue container" shall have the same meaning as in 14 CCR 18982(a)(5).

"Bulky items" means large items of discarded materials such as appliances, furniture, large auto parts, trees, branches, stumps and other oversize wastes whose large size precludes or complicates their handling by normal collection, processing or disposal methods.

"City Council" means the City Council of Mountain House.

"Collection" means the collection and transport of discarded materials.

"Collection routes" means streets or areas designated for collection on a particular day/schedule.

"Collection vehicle" means any vehicle used by the permittee for the collection of discarded materials.

"Commercial business" or "commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling, or as otherwise defined in 14 CCR 18982(a)(6).

"Compost" has the same meaning as in 14 CCR 17896.2(a)(4) and means the product resulting from the controlled biological decomposition of organic discarded materials that is source separated from the City discarded materials stream, or which is separated at a centralized facility.

"Construction and demolition debris" means waste building materials, packaging and debris resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures.

"Construction and demolition sites" means sites where construction or demolition activities are taking place.

"Container(s)" means a receptacle for temporary storage of discarded materials. Containers may include bins, carts, roll-off boxes, compactors, cans, buckets, or other storage instruments to the extent such containers are permitted by the City for use for collection services pursuant to this Chapter.

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

"Department of Public Works" means the City of Mountain House Department of Public Works.

"Director of Public Works" means the City Manager or the City Manager's designee.

"Discarded materials" means a form of discarded materials, and shall be regulated as such. For purposes of this Chapter, material is deemed to have been discarded, without regard to whether it is destined for recycling or disposal, and whether or not is has been separated from other discarded materials, in all cases where a fee or other compensation, in any form or amount, is directly or indirectly solicited from, or, levied, charged, or otherwise imposed on, or paid by, the generator in exchange for handling services. As used herein, handling services include, without limitation, the collection, removal, transportation, delivery, and processing and/or disposal of the material. Discarded materials do not include edible food that is recovered for human consumption and is not discarded. For the purposes of this Chapter, discarded materials include recyclable materials, organic waste and gray container waste once the materials have been placed in containers for collection.

"Disposal" means the final disposition of solid waste discarded materials at a solid waste facility.

"Disposal area" means the premises or site, designated by the Department of Public Works, where the disposal of waste, refuse and garbage, not produced on the premises or site, is permitted to occur.

"Drop box container" means the metal box designed for loading upon a vehicle for transportation to a solid waste or recycling facility. The box is to be of a size and design approved by the City Manager, and furnished by a collector permittee.

"Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 CCR 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code, as codified in the Health and Safety Code Section 113700 et seq.

"Enforcement action" means an action of the relevant enforcement agency to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

"Enforcement agency" means an entity with the authority to enforce part or all of this Chapter as specified herein. The City and permittee are each an enforcement agency.

"Excluded waste" means waste that is non discarded materials which permittee reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or 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 or accepted at disposal facility by permit conditions, waste that in permittee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose permittee or City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family discarded materials after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded waste does not include used motor oil and filters, household batteries, and/or latex paint when such materials are defined as allowable materials for collection by City and the generator has properly placed the materials for collection pursuant to instructions provided by City or permittee.

"Generator" means a person or entity whose act first causes discarded materials to become subject to regulation under federal, State, or City regulations.

"Gray container" shall have the same meaning as defined in 14 CCR 18982(a)(28).

"Gray container waste" means discarded materials that are collected in a gray container that is part of a three-container collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR 18984.1(a) and (b), or as otherwise defined in 14 CCR 17402(a)(6.5). For the purposes of this Chapter, gray container waste includes carpet and textile.

"Green container" shall have the same meaning as defined in 14 CCR 18982(a)(29), shall be used for the purpose of storage and collection of organic waste.

"Habitation unit" means a building or that portion of building which is designed and/or utilized primarily as a dwelling place for a single family.

"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 18982(a)(31.5).

"Household hazardous waste" means hazardous waste generated at a residential location within the City's boundaries and includes, but is not limited to, batteries, antifreeze, soaps, cleaners, glues, paints, pesticides, pharmaceuticals and petroleum products. These products, when discarded, may become household hazardous waste if not properly discarded.

"Inspection" means an enforcement agency's electronic or on-site 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).

"Multi-family residential dwelling" or "multi-family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-family premises are considered a distinct type of commercial business for the purposes of implementing this Chapter. Residential premises that consist of fewer than five (5) units are not "multi-family" and instead are "single-family" for the purposes of implementing this Chapter. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered other types of commercial businesses.

"Notice of violation" 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.

"Organic waste" means solid waste containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR 18982(a)(46). Biosolids and digestate are as defined by 14 CCR 18982(a).

"Permittee" means any person collecting or transporting discarded materials pursuant to a permit issued by the City Council.

"Person" includes an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever, or as otherwise defined in Public Resources Code Section 40170.

"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 blue container; (ii) discarded materials placed in the green container that are not identified as acceptable source separated organic waste for the green container; (iii) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or organic waste to be placed in green and/or blue container; and (iv) excluded waste placed in any container.

"Property owner" shall mean any person owning property within the boundaries of the City.

"Recyclable materials" means domestic, commercial or industrial byproducts which may have an economic value if recycled, which may be source separated, set aside, handled, packaged or offered for collection by the residence/business. Recyclables include, but are not limited to, glass, newspaper, plastics, metal, bi-metal, aluminum and other materials.

"Recyclables" means recyclable materials.

"Recycling" means the process of collecting, sorting, cleansing, treating, reconstituting and/or marketing recyclable materials which would otherwise be disposed of in a landfill. The collection, transport or disposal of discarded materials which is not intended for, or capable of, being reused, shall not be construed to be recycling.

"Remote monitoring" means the use of mechanical or electronic devices to identify the types of materials in commercial businesses' blue, green or grey containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

"Resident" shall mean any person residing within the boundaries of the City.

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

"SB 1383" means Senate Bill 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of 2016.

"SB 1383 Regulations" means or refers to, for the purposes of this Chapter, 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.

"Self-hauler" means a person, who hauls solid waste, organic waste or recyclable materials they have generated to another person. Self-hauler also includes a person who back-hauls such materials, and 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).

"Single-family" means of, from, or pertaining to any residential premises with fewer than five (5) units.

"Solid waste" has the same meaning as defined in Public Resources Code Section 40191, which defines solid waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

(1) Hazardous waste, as defined in the Public Resources Code Section 40141.

(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code).

(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the Public Resources Code.

"Source separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR 17402.5(b)(4). For the purposes of this Chapter, source separated shall include separation of materials by the generator into different containers for the purpose of collection such that source separated materials are separated from grey container waste or other solid waste for the purposes of collection and processing.

(Ord. 2024-23, § 1(Exh. A), 2024)

The provisions of this Chapter shall apply to all residents and property owners in the City, all customers within the City, and any person or entity collecting solid waste, green waste and/or recyclables within the City.

(Ord. 2024-23, § 1(Exh. A), 2024)

Unless otherwise provided in this Chapter, no person or entity shall collect or remove solid waste, green waste or recyclables from any property within the boundaries of the City or remove recyclable waste which has been placed at a designated collection location within the boundaries of the City without a valid permit issued by the City and pursuant to the provisions of this Chapter.

(Ord. 2024-23, § 1(Exh. A), 2024)

Unless otherwise provided in this Chapter, the owner, occupant or owner occupant, as the case may be, of every developed property within the boundaries of the City shall subscribe for solid waste collection services from a solid waste collector having a valid permit issued by the City.

(Ord. 2024-23, § 1(Exh. A), 2024)

Unless otherwise provided in this Chapter, no person shall throw, drop, leave, dump, bury, place or otherwise dispose of any solid waste upon any property within the boundaries of the City, whether with or without intent to remove the same from such property; or upon any street, way, sidewalk, gutter, stream or creek or the banks thereof, or any public place or public property within the boundaries of the City, except as otherwise approved by the City Manager at a permitted disposal area approved for such use or in an approved solid waste collection container.

No person shall throw solid waste in the solid waste container of another customer without that customer's permission. Solid waste material transported for disposal outside of the boundaries of the City shall be disposed of in a location approved by the City Manager and at a facility designated by the Department of Public Works.

(Ord. 2024-23, § 1(Exh. A), 2024)

Every person who occupies a premises or utilizes a premises as a business location, and every owner of any unoccupied premises or property and every owner of two (2) or more family dwellings, apartment houses and multiple dwelling buildings or property zoned for use other than residential shall keep the same in a clean and sanitary condition, and shall not cause, suffer, or permit any solid waste to accumulate on such premises or property for a period in excess of one (1) calendar week. All solid waste created, produced, or accumulated at any industrial, commercial, or institutional establishment anywhere within the City shall be removed from the premises at least twice in each calendar week, except dry waste which does not spoil or deteriorate stored in a compactor and construction and demolition debris stored in a water tight container, which container must be emptied and the contents disposed of at a permitted disposal site at least every two (2) calendar weeks.

All solid waste shall be stored in a container approved by the City Manager. The container shall be stored with the lid closed and in a location that is not visible from the street, providing however, that this provision shall not be construed to prohibit:

(a) Any person from keeping building materials at such location on the property as may be deemed to be convenient and necessary by the owner during the period of active construction, reconstruction, or repair of building or structure thereon under a current valid building permit for a period not to exceed two (2) months after which time such storage may continue only pursuant to a permit issued by the City Manager for such period of time as may seem appropriate in the sole discretion of the City Manager upon demonstration that the work of construction, reconstruction or repair has been and will be diligently pursued. Demolition debris from such construction, reconstruction or repair activities, if kept on the property, shall be kept in a watertight industry standard hopper or debris box or other solid waste collection container approved by the City Manager;

(b) Any person from storing green waste, not intended for composting, at such location for a period not to exceed two (2) weeks when such green waste has been generated from gardening or pruning plants or trees on the property where it is stored, or from Christmas trees used on the premises;

(c) Any person from the keeping of wood neatly piled, upon such premises for household use in a location which is not visible from the street;

(d) Any person from the composting of grass or trimmings, provided such composting is not visible from the street and does not emit an odor detectable beyond the property boundaries where the composting is occurring;

(e) Any person from the placing of leaves in the streets of the City pursuant to regulations approved by the City Manager.

(Ord. 2024-23, § 1(Exh. A), 2024)

Solid waste containers shall not be placed or allowed to remain in or on any street right-of-way except as otherwise authorized by the City Manager, and shall be placed in such location on collection day as will be specified pursuant to regulations approved by the City Manager. The customer shall store the container in a location consistent with the provisions of this Chapter no later than midnight of the day that collection occurs.

Backyard collection service shall be provided to disabled or elderly single-family residential customers requiring this service and meeting eligibility criteria to be approved by the City Manager.

(Ord. 2024-23, § 1(Exh. A), 2024)

Except single-family organic waste generators that meet the self-hauler requirements in Section 5-2-116 of this Chapter, single-family generators shall:

(a) Be subscribed to collection services for blue, green and grey container collection services. The enforcement agency shall have the right to review the number and size of a generator's containers to evaluate the adequacy of capacity provided for each type of collection service and to review the separation of materials and containment of materials. A single-family generator shall adjust its service level for its collection services as requested by the enforcement agency in order to meet the standards set forth in this Chapter. Generators may manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR 18984.9(c).

(b) Participate in discarded materials collection service(s) by placing designated materials in designated containers as described below, and not placing prohibited container contaminants in containers. Generator shall place source separated organic waste in the green container; source separated recyclable materials in the blue container; and grey container waste in the grey container. Generators shall not place materials designated for the grey container into the blue or green containers.

(Ord. 2024-23, § 1(Exh. A), 2024)

Commercial business generators, including multi-family residential dwellings, shall:

(a) Except commercial businesses that meet the self-hauler requirements in Section 5-2-116 of this Chapter, or that have been granted a waiver pursuant to Section 5-2-108 of this Chapter:

(1) Be subscribed to collection services for green, blue and grey container collection service and comply with requirements of those services as described below. The enforcement agency shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the enforcement agency.

(2) Participate in discarded materials collection service(s) by placing designated materials in designated containers as described below. Generator shall place source separated organic waste in the green container; source separated recyclable materials in the blue container; and grey container waste in the grey container. Generator shall not place materials designated for the grey container into the blue or green containers.

(b) Supply and allow access to adequate number, size and location of collection containers for employees, contractors, tenants, and generators, consistent with the blue, green and grey 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 5-2-116.

(c) Excluding multi-family residential dwellings, provide containers for the collection of source separated organic waste and recyclable materials in all indoor and outdoor areas where disposal containers are provided for generators, 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 (1) type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for generators.

(d) For multi-family residential dwellings, provide containers for the collection of source separated organic waste and recyclable materials in all common areas where disposal containers are provided for tenants, including areas for internal consolidation of materials that are later deposited in blue, green and grey containers for collection by permittee. Such containers do not need to be provided in restrooms accessible from common areas of the multi-family dwelling.

(e) 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 per the blue, green and grey 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 5-2-116.

(f) 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).

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

(h) Provide education information within fourteen (14) days of new occupation of the premises to new tenants that describes requirements to keep source separated organic waste and recyclable materials separate each other and from grey container waste, the location of containers and the rules governing their use at the property.

(i) Provide or arrange access for the enforcement agency to their properties during all inspections conducted in connection with this Chapter to confirm compliance with the requirements of it.

(j) Accommodate and cooperate with any remote monitoring program for inspection of the types of materials placed in containers for prohibited container contaminants to evaluate generator's compliance with subsection (a)(1).

(k) At commercial business's option and subject to approval by the enforcement agency, implement a remote monitoring program for self-inspection of the types of materials placed in containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants.

(l) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR 18984.9(c) to the extent permitted by other applicable laws.

(Ord. 2024-23, § 1(Exh. A), 2024)

The City may waive a multi-family's, commercial business, or its property owner's obligation to comply with some or all of the source separated organic waste requirements set forth in this Chapter and SB 1383 Regulations pursuant to 14 CCR 18984.11, or other requirements specified by the City.

(a) De Minimis Waivers. City may waive a multi-family's, commercial business', or its property owner's obligation to comply with some or all of the source separated organic waste requirements set forth in this Chapter and SB 1383 Regulations if the multi-family, commercial business, or its property owner provides documentation or City has evidence demonstrating one (1) of the following de minimis conditions:

(i) The multi-family's or commercial business' total solid waste collection service is two (2) cubic yards or more per week, and source separated organic waste or recyclable materials subject to collection in a blue or green container comprises less than twenty (20) gallons per week, per applicable container, of the multi-family's or commercial business' total waste; or

(ii) The multi-family's or commercial business' total solid waste collection service is less than two (2) cubic yards per week, and source separated organic waste or recyclable materials subject to collection in a blue or green container comprises less than ten (10) gallons per week, per applicable container, of the multi-family's or commercial business' total waste.

(b) Physical Space Waivers. The City may waive an existing multi-family's, commercial business', or its property owner's obligation to comply with some or all of the source separated recyclable materials or organic waste collection service requirements set forth in this Chapter, SB 1383 Regulations, if the existing multi-family, commercial business, or its property owner provides documentation, or the City has evidence from its staff, the permittee, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for blue and/or green containers.

(c) Collection Frequency Waivers. City may allow the permittee to provide collection of blue containers, gray containers, or both once every fourteen (14) days, rather than once per week, for generators that have been granted a collection frequency waiver from City.

(d) Permittee Waiver Request on Behalf of Generator. Where a generator seeks a waiver from City pursuant to this Section, permittee shall process and investigate such request pursuant to this Section. If after such investigation, permittee maintains a reasonable belief that a generator may qualify for a de minimis, physical space, or collection frequency waiver, the permittee shall submit a request to City to grant a waiver to the generator, provided that adequate evidence of the de minimis, physical space, or collection frequency waiver requirements specified in 14 CCR 18984.11 is included with the request.

City shall review and approve or deny the waiver request. Permittee's request for consideration of a waiver shall include the generator's name and address, type of commercial business or number of multi-family units if the generator is a multi-family premises, reasons generator may be eligible for the waiver, and evidence such as, but not limited to: service level data, photo documentation, weight records, and technical assistance assessment results.

(Ord. 2024-23, § 1(Exh. A), 2024)

It shall be unlawful for any person occupying any premises within the boundaries of the City, or for any person owning, controlling or maintaining any premises within the boundaries of the City where solid waste is created, produced, or accumulated, to fail or neglect to provide a sufficient number of each approved type of standard containers for receiving and holding without leakage or escape of odors all solid waste produced, created or accumulated upon such premises, except as hereinafter provided; and all such persons shall deposit all such solid waste in the correct containers. It shall be unlawful: (1) to place garbage in a green waste or recyclable materials container; (2) to place recyclable materials in a container intended for the collection of garbage or green waste; or (3) to place green waste in a container intended for the collection of garbage or recyclable materials. All solid waste containers shall be at all times kept closed and in good, usable and sanitary condition.

The design, construction, size and color of containers for the collection of solid waste, green waste and recyclables are subject to the approval of the City Manager.

Solid waste, green waste and recyclables that are not in a container approved by the City Manager and in accordance with this Chapter or such other regulations as may be adopted by the City Council or City Manager, need not be collected by a permittee; except that the permittee shall post a notice of noncompliance in a manner to be approved by the City Manager and a record kept by the permittee of such noncompliance, with such information being provided to the City Manager upon request.

(Ord. 2024-23, § 1(Exh. A), 2024)

All places or premises within the boundaries of the City shall have sufficient containers of the type approved by the City Manager to hold all solid waste, green waste and recyclables generated, produced or accumulated on the place or premises between collection dates as approved by the City Manager. If required by the City Manager or by resolution of the Council, a customer shall have separate containers for refuse, recyclables and green waste. Except for single-family residential property, nothing herein shall be construed to prohibit the joint use of a container by two (2) or more customers upon approval of the City Manager.

If solid waste containers are provided by a solid waste, green waste and/or recyclables collector with a valid permit from the City and are provided to the customer at no charge to the customer, then the customer shall be responsible to pay for damage to the container or loss of the container where loss of damage is due to customer misuse or negligence as determined by the City Manager, and the customer shall reimburse the permittee at the current invoice cost for replacement as approved by the City Manager.

(Ord. 2024-23, § 1(Exh. A), 2024)

No person shall deposit in any container used for solid waste green waste or recyclables, any explosive, highly flammable, radioactive or otherwise hazardous material or substance. Household hazardous material shall not be included with other solid waste, green waste or recyclables in containers or buried in any lot or land or poured down sewers or storm drains. Household hazardous material shall be held at the property where it is generated or used until these items can be disposed in an authorized manner It shall be a violation of this Chapter for any person to improperly dispose of household hazardous material.

(Ord. 2024-23, § 1(Exh. A), 2024)

No solid waste, yard waste, manure or other combustible substance shall be burned in the open air within the boundaries of the City.

(Ord. 2024-23, § 1(Exh. A), 2024)

All solid waste hauled by any person over public streets within the boundaries of the City shall be secured during the hauling thereof so as to prevent spillage or blowing.

(Ord. 2024-23, § 1(Exh. A), 2024)

Where the customer is provided with separate containers for recyclable material, green waste, and all other solid waste material, the customer shall separate their solid waste into the appropriate containers pursuant to regulations approved by the City Manager.

(Ord. 2024-23, § 1(Exh. A), 2024)

(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 as specified in 14 CCR 18984.3.

(b) Self-Haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated 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 as specified in 14 CCR 18984.3. Self-haulers may back-haul to a destination owned and operated by the generator using the generator's own employees and equipment and then haul those consolidated materials to facilities meeting the requirements of this subsection (b).

(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 enforcement agency. The records shall include the following information:

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

(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 shall submit a certification of recycling service to the enforcement agency for approval if they do not also have separate recycling and organics collection service by a permittee.

(e) Self-haulers shall submit a new certification of recycling service to the enforcement agency for approval every five (5) years, if they do not also have separate recycling and organics collection service by a permittee.

(f) Self-haulers shall notify the enforcement agency if they subscribe to separate recycling and organics collection service by a permittee, such that they are no longer self-haulers.

(g) Self-haulers that are commercial businesses including multi-family self-haulers shall provide information, upon request, collected in subsection (c) to the enforcement agency. Entities shall respond to such request for information within sixty (60) days.

(h) A single-family organic waste generator that self-hauls organic waste is not required to record or report information in subsections (c) through (g).

(Ord. 2024-23, § 1(Exh. A), 2024)

Notwithstanding the provisions of this Chapter, any person may remove or may cause to be removed from premises occupied by that person or under their control, all solid waste or recyclables created or produced on such premises if:

(a) Such removal shall be made only by the owner or occupant personally, or by employees of such owner or occupant, or green waste may be removed by a landscape gardening firm providing gardening services to such property. Self-hauling by the owner or occupant excludes use of, or subcontracting to, independent haulers, third parties, affiliates or subsidiaries.

(b) All vehicles used in carrying out such removal shall be owned by or under the exclusive control of the owner or occupant or by the landscape gardening firm in the case of green waste removal, and such vehicles and activities shall meet all the requirements of this Chapter and all other law's and ordinances of the State of California and the City relating to solid waste disposal.

(c) The material is covered in a manner and with such material as to prevent waste leaking, blowing, littering or falling from any vehicle engaged in such removal.

(d) Such removal shall be done during such hours and under such conditions as may be approved by the City Manager for the removal of solid waste, green waste and recyclables.

(e) Persons engaged in solid waste, green waste and/or recyclables removal pursuant to these requirements shall be responsible for any damage in excess of normal wear and tear to the City's driving surfaces, whether or not paved, resulting from the illegal weight thereof, or any leakage or spillage of oils, fluids or solids by or from vehicles used in such solid waste, green waste or recyclables removal.

(f) Solid waste, green waste and recyclables shall be disposed of at a location approved by the City Manager and all recyclable material and green waste shall be separated from each other and from all other solid waste prior to being hauled to the disposal location, unless otherwise approved by the City Manager.

(Ord. 2024-23, § 1(Exh. A), 2024)

Collection of solid waste, green waste and recyclable materials shall be on a schedule to be approved by the City Manager.

(Ord. 2024-23, § 1(Exh. A), 2024)

Notwithstanding the provisions of this Chapter, the City Manager may authorize one (1) or more community clean up events. The City Manager may designate the day and time of the events, material and items to be collected, method of collection, how and whether such materials may be separated for recycling, how the material shall be boxed, bundled, bagged or otherwise contained, the location where such material may be deposited, who may do the collection and where the material may be disposed.

(Ord. 2024-23, § 1(Exh. A), 2024)

The City Manager may, from time to time, inspect all premises within the boundaries of the City to determine compliance with and to enforce the provisions of this Chapter.

(a) The enforcement agency is authorized to conduct inspections and investigations, at random or otherwise, of any container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this ordinance by organic waste generators, commercial businesses including multi-family residential dwellings, regulated haulers, self-haulers, Commercial Edible Food Generators, Food Recovery Services, and Food Recovery Organizations as those capitalized terms are defined in 14 CCR 18982, subject to applicable laws. This section does not allow entry in the interior of a private residential property for inspection. For the purposes of inspecting commercial business containers for compliance with this Chapter, the enforcement agency may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring pursuant to this Chapter.

(b) A person subject to the requirements of this Chapter shall provide or arrange for access during all inspections with the exception of the interior of a residential property and shall cooperate with the enforcement agency during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of Edible Food Recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this Chapter. Failure to provide or arrange for: (i) access to the premises; (ii) installation and operation of remote monitoring equipment, if a remote monitoring program is adopted; or (iii) access to records for any inspection or investigation is a violation of this Chapter and may result in penalties.

(c) Any records obtained by the enforcement agency during inspections, remote monitoring, 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 7920.000 et seq.

(d) The enforcement agency is authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.

(e) The enforcement agency shall accept written complaints from persons regarding an entity that may be potentially non-compliant with this Chapter.

(Ord. 2024-23, § 1(Exh. A), 2024)

No person, other than a collector or person or entity with a valid permit issued by the City, shall place, locate, establish, maintain, erect, leave or otherwise make available any recycling receptacle within the boundaries of the City, unless such receptacle is solely for the deposit and storage of recyclable materials that are the byproduct of activities on the property where the receptacle is placed. The City Manager is authorized to issue such permits, pursuant to rules and regulations established by the City Manager, for recycling receptacles sponsored by and located on a site owned by a bona fide nonprofit organization, or religious organization, or public agency.

(Ord. 2024-23, § 1(Exh. A), 2024)

Each customer receiving solid waste, green waste and/or recyclables collection service by a collector with a valid solid waste, green waste and/or recyclables collection permit granted by the City shall be liable for the rates, charges and fees for that service as established by the City Council.

It shall be and is hereby made the duty of each customer to ascertain from the City the amount and due date of any rates, charges and fees for which the customer is liable. It shall also be, and is hereby made, the duty of each customer liable for the rates, charges and fees to inform the City immediately of all circumstances, and of any change(s) in any circumstances, which will in any way affect the applicability or the amount of any rates, charges and fees to premises where solid waste collection service is being received.

(Ord. 2024-23, § 1(Exh. A), 2024)

The City Manager may cause to be accomplished any extra solid waste collection service that the City Manager deems reasonably necessary to insure that solid waste is not accumulated or stored on the property in violation of any provisions of this Chapter. The City Manager may cause the cost thereof to be added to the regular billing for such solid waste collection service in the same manner as other charges, rates or fees are collected.

(Ord. 2024-23, § 1(Exh. A), 2024)

Any vehicle or equipment used for solid waste, green waste and/or recyclables collection or related activities shall not be stored on a public street or other public property within the boundaries of the City. If stored within the boundaries of the City, such vehicles and equipment shall be stored on land with a land use zone designation which permits such storage and within a building or fenced yard. No vehicle shall be parked with a full or partial load of solid waste for more than twenty-four (24) hours, or sixty (60) hours over a weekend.

(Ord. 2024-23, § 1(Exh. A), 2024)

Solid waste collection service charges, rates and fees imposed for solid waste collection to a customer, shall be collected together with the charges for water, wastewater and stormwater services. Such solid waste charges shall be billed upon the same bill and collected as one (1) item with such other utility charges, unless other arrangements arc approved by the City Manager.

(Ord. 2024-23, § 1(Exh. A), 2024)

Nothing in this Chapter shall be construed to prohibit the City Manager from:

(a) Issuing a permit for a person or entity to haul and dispose of septic tank, sand trap and grease trap contents;

(b) Allowing other entities to carry out any City sponsored weed abatement program;

(c) Allowing the City or any of its contractors to haul and dispose of discarded material from any City tree trimming activities, landscape maintenance, leaf collection;

(d) Allowing the City or any other public agency from utilizing its own forces, or any officer or employee, or contractor thereof, to collect, remove and dispose of solid waste from their facilities or property (whether owned, leased, or an easement).

(Ord. 2024-23, § 1(Exh. A), 2024)

Upon the placement of any solid waste, green waste and/or recyclables collection container on the day scheduled for collection at a site approved by the City Manager or pursuant to regulations approved by the City Manager, the materials contained therein become the property of the permittee whose responsibility it is to collect the solid waste pursuant to the conditions of the permit.

(Ord. 2024-23, § 1(Exh. A), 2024)

Any customer found by the City to be in violation of any of the provisions of this Chapter shall be deemed guilty of an infraction, and each day such violation is committed or permitted to continue after written notice has been served on the customer by the City Manager or the City Council shall constitute a separate offense and shall be punishable as such. The City may elect to prosecute such violation as an infraction(s) or as a civil violation(s) with fines or surcharges, or as both an infraction and as a civil violation.

(a) Other remedies for violations of this Chapter allowed by law may also be utilized the enforcement agency, including civil action or prosecution as a misdemeanor or infraction. The enforcement agency may pursue civil actions in the California courts to seek recovery of unpaid administrative citations, and fines. The enforcement agency may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of staff and resources.

(b) Process for Enforcement.

(1) The enforcement agency will monitor compliance with this Chapter and through compliance reviews, route reviews, investigation of complaints, and an inspection program that may include remote monitoring.

(2) The enforcement agency may issue a notice of violation requiring compliance within sixty (60) days of issuance of the notice.

(3) Absent compliance by the person within the deadline set forth in the notice of violation, the City may commence an action to impose penalties, via an administrative citation and fine, pursuant to its standard procedures.

(c) Penalty Amounts for Chapter Violations.

(1) For a first violation of this Chapter by a violator, the amount of the base penalty shall be fifty dollars ($50.00) to one hundred dollars ($100.00) per violation.

(2) For a second violation of this Chapter by the same violator, the amount of the base penalty shall be one hundred dollars ($100.00) to two hundred dollars ($200.00) per violation.

(3) For a third or subsequent violation of this Chapter by the same violator, the amount of the base penalty shall be two hundred fifty dollars ($250.00) to five hundred dollars ($500.00) per violation.

(d) Compliance Deadline Extension Considerations. The enforcement agency 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 person that make compliance within the deadlines impracticable, including the following:

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

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

(3) Deficiencies in organic waste recycling infrastructure or Edible Food Recovery capacity and City is under a corrective action plan with CalRecycle pursuant to 14 CCR 18996.2 due to those deficiencies.

(e) Civil Penalties for Non-Compliance. If the enforcement agency determines that an organic waste generator, self-hauler, regulated hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Chapter, it may document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this Section, as needed and consistent with the enforcement commencement dates set forth in subsection (c)(1), above.

(Ord. 2024-23, § 1(Exh. A), 2024)

The City Manager is hereby authorized to and may perform all the provisions of this Chapter and is empowered to make interpretations of this Chapter whenever a question may arise as to the necessity, manner or method for which solid waste, green waste and recyclables collection services are provided.

(Ord. 2024-23, § 1(Exh. A), 2024)

The remedies and penalties provided for in this Chapter shall be cumulative and shall be in addition to any of all other remedies available to the City Manager and the City Council.

(Ord. 2024-23, § 1(Exh. A), 2024)

If the City Manager determines that this Chapter has been violated and an emergency shutoff is not warranted, the City Manager shall send a written notice to the customer explaining the violation. If, within ten (10) days of receipt of the written notice, the customer has not remedied the violation or requested an administrative hearing, water service to the parcel may be discontinued until the violation has been remedied.

The written notice of an administrative hearing shall state that the customer may appear in person at a hearing before the City Manager upon request for such a hearing by the customer. The request must be made to the City Manager within ten (10) calendar days of service of the notice indicating that the water service will be discontinued. The request for hearing must contain information as to the customer's address for the purpose of service of the decision of the City Manager. The City Manager shall conduct an administrative hearing within thirty (30) days of receipt of the appeal and render a written decision as to whether this Chapter has been violated within ten (10) days of the administrative hearing. At the conclusion of the hearing, the City Manager may find that the customer has violated this Chapter, and order termination of water service to that customer. The City Manager shall determine the administrative costs and costs of discontinuance of service to be charged against the customer. If, after the hearing, it is determined that this Chapter has not been violated, the City Manager shall not assess costs of administration or costs of water service termination against the customer. The City Manager may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this Chapter. The decision of the City Manager shall be final. If the customer wishes to appeal the decision of the City Manager, the appeal shall be directed in writing to the City Council within three (3) calendar days after receipt of the City Manager's decision (not including Saturday, Sunday or holidays). The City Council may hear the appeal at their next regularly scheduled meeting or a special meeting called for the purpose of reviewing the appeal. The decision of the City Council shall be made and a notice of the decision shall be served on the appellant within three (3) calendar days of the 'Council's decision, not including Saturdays, Sundays or holidays. Water service shall not be disconnected during the time the City Manager or the City Council is reviewing the matter and until three (3) calendar days, not including Saturdays, Sundays or holidays, after the written decision is served on the appellant. The decision of the City Council shall be the final administrative decision.

(Ord. 2024-23, § 1(Exh. A), 2024)

Discarded materials or other waste matter shall not be burned, nor shall garbage, waste materials, yard refuse or rubbish be allowed to accumulate, be buried, dumped, scattered, or placed on any property within the City, except as otherwise permitted by this Code or other ordinances.

(Ord. 2024-23, § 1(Exh. A), 2024)