Ontario Municipal Code Art. 1 General Provisions

The City Council of the City of Ontario hereby finds and declares:

(a) The intent and purpose of this chapter is to comply with state law on solid waste management as it is found in California Public Resources § 40000 et seq.

(b) State law requires local agencies such as the City to control and reduce their waste streams, and to meet per capita waste generation goals each year. This reduction requires an ongoing evolution of the practices within the City to include elements that reduce waste generation, promote reuse, and require collection of recyclables and organic waste.

(c) The accumulation, collection, removal, disposal, composting, and recycling of solid waste shall be controlled by the City for the protection of the public health, safety and welfare, and to contribute toward the diminution of health hazards and pollution in the City. The City Council finds that to give practical effect to this policy, a comprehensive system for the periodic collection, removal, disposal, composting and/or recycling of integrated waste from all premises in the City is essential and benefits all residents of the City; therefore, all such occupants are made responsible for the collection, disposal, composting, and/or recycling of solid waste.

(d) The provisions of this chapter shall control in the event of any inconsistencies between this chapter and any other City ordinances, resolutions, or other written arrangements.

(e) Nothing in this chapter shall limit the right of an individual person, organization, or other entity to donate, sell or otherwise dispose of recyclables or organics, provided that any such donation, sale or disposal is in accordance with the provisions of this chapter, including but not limited to the provisions of § 6-3.808(b).

(f) The City Manager shall be responsible for reviewing solid waste collection services, contracts, permits, fees and rates, and for making recommendations on the administration of the above to the City Council for final approval.

(§ 1, Ord. 3187, eff. January 1, 2022, as amended by Ord. 3216, eff. August 18, 2022)

This chapter sets forth uniform requirements and regulations for the direct and indirect users of the solid waste collection services of the City. It also allows for the City to comply with all applicable state and federal laws, including, but not limited to, The Integrated Waste Management Act of 1989, California Code Title 14, Division 7, and any subsequent amendments to each.

(§ 1, Ord. 3187, eff. January 1, 2022)

Except as otherwise provided in this chapter, the City Manager shall administer, implement, direct and cause enforcement of the provisions of this chapter. Whenever any power is granted to or a duty is imposed upon the City Manager, the City Manager or his or her designee shall exercise this power or perform this duty.

(§ 1, Ord. 3187, eff. January 1, 2022)

(a) This chapter shall apply to all waste generators within the City, and to waste generators outside the City who are, by permit, contract, or agreement with the City, users of the City's non-organic waste, recycling and green waste and other organics collection services, or are conducting business or activities within the City which fall under the provisions of this chapter.

(b) The inspection, reporting, and enforcement provisions of this chapter shall further apply to the donation, sale, or disposal of Non-Waste, as that term is defined in Section 6-3.106, as though the purchasers, recipients, collectors, transporters, recyclers, haulers, or other persons in receipt of such Non-Waste were collectors of solid waste.

(§ 1, Ord. 3187, eff. January 1, 2022, as amended by Ord. 3216, eff. August 18, 2022)

(a) The collection of all solid waste within the City shall be performed under the direction of the City Manager, and for such purposes, the City may use City personnel, enter into contract agreements with private hauling firms or approve franchise agreements to perform such collection, provided that the City shall respect all continuation rights required by the Public Resources Code.

(b) Residential, integrated, waste management collection services and commercial, integrated, waste management collection services shall be provided exclusively by or under the direction of the City. A solid waste enterprise may not provide waste collection services except as authorized by the City pursuant to § 6-3.105(a). This section does not prohibit the commercial collection of recyclables or organics pursuant to §§ 6-3.502 through 6-3.510, provided all such commercial collection of recyclables or organics complies with the provisions of this chapter.

(c) Each violation of this section will be considered an infraction and subject to penalties listed in § 1-2.01.

(§ 1, Ord. 3187, eff. January 1, 2022)

For the purpose of this chapter, unless otherwise apparent from context, certain words and phrases used in this chapter shall have the meanings hereinafter designated. The definitions in this chapter are included for reference purposes only and are not intended to narrow the scope of definitions set forth in federal or state laws or regulations. Words used in this chapter in the singular may include the plural, and the plural may include the singular. Use of the masculine shall also mean the feminine and neuter.

(a) "Account." A statement or record utilized by the City for billing customers that receive integrated waste services.

(b) "Administrator." The City Utilities Manager or his or her designee.

(c) "Bin." City-provided or privately-owned, integrated waste containers, generally with a lid, that are collected by a front-loading collection vehicle.

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

(e) "Bulky item." Any item unable to be collected through normal collection methods, such as an appliance, furniture or bundled brush.

(f) "Business recycling plan." A business recycling plan as set forth in § 6-3.601.

(g) "C & D" or "construction and demolition debris." Lumber, paper, cardboard, metals, masonry (brick, concrete, and the like), carpet, plastic, pipe (plastic, metal, and clay), drywall, rocks, dirt, and green waste related to land development. These materials produce debris that is not hazardous waste, as defined by Cal. Pub. Resources Code §

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

(i) "CalRecycle" means California's Department of Resources Recycling and Recovery.

(j) "Cart." The City-provided, plastic, solid waste container with a tight-fitting lid and wheels, collected by an automated, side-loading collection vehicle. Carts may be in the sizes and colors determined by the City.

(k) "City." The City of Ontario, California.

(l) "City Manager." The chief administrative officer of the City or his or her designee.

(m) "Collection." The operation of gathering together and transporting of materials subject to this chapter to a point of disposal and/or a recycling or composting center/facility.

(n) "Collector." A person employed by the City or any other person (or the agents or employees thereof) with whom the City shall have contracted to collect, carry, transport, compost, and/or recycle non-organic waste, recyclables and organics within the City.

(o) "Commercial" or "commercial business." A business, industrial, commercial establishment, or construction site, and any multiple-family, residential dwelling with five (5) units or more on one (1) account.

(p) "Commercial edible food generator" includes a tier one or a tier two commercial edible food generator as defined in CCR §§ 18982(a)(73) and (a)(74).

(q) "Compactor." A privately-owned receptacle for compressing waste used in commercial establishments, collected by a front-loading or a roll-off vehicle.

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

(s) "Compliance review" means a review of records by the City to determine compliance with Article 8.

(t) "Compost." The product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal waste stream, or that are separated at a centralized facility.

(u) "Container." A cart, bin, roll-off, compactor or similar receptacle used to temporarily store solid waste, organics or recyclables for collection service.

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

(w) "Customer." The owner and/or occupant of any property within the City that is required to participate in the City's integrated waste collection program, including green waste, other organics and recyclables.

(x) "Designated source separated organic waste facility", shall have the same definition as 14 CCR § 18982(14.5).

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

(z) "Discard" means to dispose of solid waste through means other than sale or donation.

(aa) "Discarded materials" means materials set out for collection by a generator in one or more containers.

(bb) "Divert." To use material for any purpose other than disposal in a landfill or transformation facility.

(cc) "Donate" means to gratuitously surrender or part with material of value to the donator, with no net payment between the donator and the donee.

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

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

(ff) "Enforcement Officer" means the city manager, county administrative official, chief operating officer, executive director, or other executive in charge or their authorized designee(s) who is/are partially or whole responsible for enforcing Article 8.

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

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

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

(2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and,

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

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

(jj) "Food waste." Discarded raw, cooked, or processed edible substances, ices, beverages, ingredients used or intended for use or for sale, in whole or in part, for human consumption, and chewing gum. Food waste includes compostable plastics. Food waste is a subset of organics.

(kk) "Generator" or "waste generator" means a person or entity that is responsible for the initial creation of waste.

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

(mm) "Gray container waste" means solid waste that is collected in a gray container that is part of a three (3)-container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR § 18984.1(a)-(b), or as otherwise defined in 14 CCR § 17402(a)(6.5).

(nn) "Green building." The use of materials in a more efficient manner. Green building practices can include salvaging dimensional lumber from structures, using reclaimed aggregates, or designing a structure in a way that requires less material.

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

(pp) "Green waste." Tree and shrubbery trimmings, tree roots less than six (6) inches in diameter, vegetation matter resulting from land clearing, grass, weeds, straw, or leaves, wood chips, sawdust and other household garden, organic materials that have been segregated from other solid waste materials for the purpose of deposit at a designated collection location, including curbside location, for collection and transportation to a compost facility. Green waste does not include palm fronds, cactus or tree limbs, roots or stumps larger than six (6) inches in diameter. Green waste is a subset of organics.

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

(rr) "Hazardous waste." A waste, or combination of wastes, which, because of its quantity, concentration or physical, chemical, or infectious characteristics, may do either of the following:

(1) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or

(2) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Unless expressly provided otherwise, "hazardous waste" includes extremely hazardous waste and acutely hazardous waste.

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

(tt) "Inspection" means a site visit where a City reviews 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 Article 8, or as otherwise defined in 14 CCR § 18982(a)(35).

(uu) "Integrated waste." The City's Integrated Waste Department.

(vv) "Integrated waste collection" means the collection of source separated green container organic waste in the green container, source separated recyclable materials in the blue container; and gray container waste in the gray container.

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

(xx) "Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. A venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. A site under common ownership or control that includes more than one (1) large venue that is contiguous with other large venues in the site, is a single large venue.

(yy) "Local education agency" means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR § 18982(a)(40).

(zz) "Mixed waste organic collection stream" or "mixed waste" means organic waste collected in a container that is required by 14 CCR §§ 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility or as otherwise defined in 14 CCR § 17402(a)(11.5).

(aaa) "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 do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

(bbb) "Non-organic waste." Solid waste that does not include recyclables and organics.

(ccc) "Non-Waste" means material generated by a generator that would otherwise be disposed of as solid waste, and that may be properly placed in a container set out for City collection by a generator, but is instead sold for value or donated to a Non-Waste Dealer. Non-Waste does not include solid waste, recyclable materials, or organic waste that is abandoned or discarded.

(ddd) "Non-Waste Dealer" means a person or entity who, as part of a regular and continuing part or whole of their business practice, purchases Non-Waste or receives donated Non-Waste, including but not limited to a scrap buyer, compostable materials buyer, or recyclables broker.

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

(fff) "Occupant." One who has certain legal rights to or control over the premises occupied; a tenant or owner.

(ggg) "Organics," "organic waste," and "organic material." Solid wastes 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.

(hhh) "Organic waste generator" means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR § 18982(a)(48).

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

(jjj) "Person." An individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

(kkk) "Printing and writing papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white woven envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR § 18982(a)(54).

(lll) "Prohibited container contaminants" means the following:

(1) Discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the City's blue container;

(2) Discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the City's green container;

(3) Discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in the City's green container and/or blue container.

(mmm) "Property owner." The record owner of a property, including the homeowner/business owner association of a residential/business condominium project.

(nnn) "Recovered organic waste products" means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR § 18982(a)(60).

(ooo) "Recovery" means any activity or process described in 14 CCR § 18983.1(b), or as otherwise defined in 14 CCR § 18982(a)(49).

(ppp) "Recyclable materials" or "recyclables." Non-organic, reusable waste materials, including, but not limited to, metal, glass, and plastic, that are to be collected, separated or processed and used as raw materials. "Recyclables" may include paper products, printing and writing paper, wood, dry lumber and textiles.

(qqq) "Recycle" or "recycling." The process of collecting, sorting, cleansing, treating, and reconstructing materials that would otherwise become refuse or garbage, and returning them to the economic mainstream in the form of raw material for new, revised, or reconstituted products that meet the quality standards necessary to be used in the marketplace.

This includes, without limitation, items intended for "re-use" or "personal use," irrespective of their intended return to the economic mainstream or marketplace.

(rrr) "Recycled-content paper" means paper products and printing and writing paper that consists of at least thirty percent (30%), by fiber weight, post- consumer fiber, or as otherwise defined in 14 CCR § 18982(a)(61).

(sss) "Residential." Any residential dwelling or apartment house.

(ttt) "Reuse." Further or repeated use of construction or demolition debris.

(uuu) "Roll-off bin" or "roll-off." A compactor or open-top, City-owned or private container collected by a roll-off collection vehicle.

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

(www) "Sale" and "sold" means the act of transferring ownership of Non-Waste for value between a generator and a Non-Waste Dealer. A transaction is not a sale if it does not result in a net payment to the Non-Waste generator, as evaluated under the totality of the circumstances (including, but not limited to, any rebates, bin rental fees, etc.). If a transaction purporting to be the sale of Non-Waste involves a net charge, fee, or cost to the Non-Waste generator, it is not a sale of Non-Waste and is instead solid waste hauling activity subject to the solid waste provisions of this Code.

(xxx) "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016.

(yyy) "SB 1383 Regulations" or "SB 1383 Regulatory" means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

(zzz) "Scavenging." The removal of any solid waste material without authorization of the property owner and/or the City.

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

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

(cccc) "Solid waste." All putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge that is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste does not include hazardous, radioactive waste or medical waste.

(dddd) "Solid waste enterprise." An entity authorized by the County of San Bernardino or other regulatory authority to provide integrated waste services in such area prior to its annexation by the City.

(eeee) "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 meetthe quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR § 17402.5(b)(4). Source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste/mixed waste or other solid waste for the purposes of collection and processing.

(ffff) "Source separated blue container waste" means source separated wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in 14 CCR § 18982(a)(43), or as otherwise defined by 14 CCR § 17402(a)(18.7).

(gggg) Source separated green container organic waste" means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container waste, carpets, non-compostable paper, and textiles.

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

(iiii) "Tier one commercial edible food generator" means a commercial edible food generator that is one (1) of the following:

(1) Supermarket.

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

(3) Food service provider.

(4) Food distributor.

(5) Wholesale food vendor.

(jjjj) "Tier two commercial edible food generator" means a commercial edible food generator that is one (1) of the following:

(1) Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.

(2) Hotel with an on-site food facility and two hundred (200) or more rooms.

(3) Health facility with an on-site food facility and one hundred (100) or more beds.

(4) Large venue.

(5) Large event.

(6) A State agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.

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

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

(§ 1, Ord. 3187, eff. January 1, 2022, as amended by Ord. 3216, eff. August 18, 2022)