Ontario Municipal Code Art. 5 Allowable Composting and Recycling, Non-Waste Disposal

(a) Notwithstanding any other provision of this chapter, residents are encouraged to compost green wastes, including grass clippings, leaves, plant trimmings, wood ashes and vegetable kitchen scraps (but not including other household refuse or animal wastes). The following conditions regarding composting must be met:

(1) Compost piles or containers are located in the rear or side yard, not visible from a public street, and no greater than five (5) feet in height;

(2) The compost piles or containers are at least five (5) feet from the property line or separated from adjacent property by a solid wall;

(3) Compost piles are maintained so that they do not generate an offensive odor or harbor rodents;

(4) The maximum size of any pile or container is five (5) feet in height by five (5) feet in width by five (5) feet in length;

(5) The compost is enclosed, screened or otherwise maintained to minimize insects or pests; and

(6) The pile or container shall not permit surface run-off or leachate to another property.

(b) The Administrator may authorize, for educational purposes, the creation of a composting demonstration area visible to the public at a City park or other facility.

(c) No composting shall be permitted at any location that is determined to be a fire hazard by the City's Fire Department.

(Ord. 3216, eff. August 18, 2022)

(a) Non-Waste Dealers shall be expressly subject to all inspection, reporting, and enforcement provisions of this chapter, and all other applicable regulations, permits, charges for use, terms, and fees established by the City. Conditions for lawfully operating as a Non-Waste Dealer shall be enforced by the City in accordance with this chapter and all applicable county, state, and federal regulations.

(b) Any such Non-Waste Dealer operating at any time in the City shall furnish, at a frequency established by the City, but no less than quarterly each calendar year, a report of the amount of Non-Waste (including but not limited to all materials that would be deemed recyclables, organics, or contaminated materials if otherwise discarded as solid waste) collected from within the City. The report shall contain the weight and type of Non-Waste collected, the names and addresses of generators from which the Non-Waste was collected, and the final destination of the Non-Waste collected, as further detailed in subdivision (g) below. The report shall be submitted in a format necessary to meet state criteria. The report shall be considered late if submitted thirty (30) days after the date due. Failure to provide the report within thirty (30) days from the due date is hereby declared an infraction and subject to penalties listed in OMC § 1-2.01.

(c) All such businesses operating as a Non-Waste Dealer shall keep their collection containers in good condition and free from graffiti. Containers must be kept in a clean and sanitary condition and must be appropriately sanitized upon notification from the City.

(d) Such bins, roll-offs, or other containers to collect Non-Waste by Non-Waste Dealers must be placed according to the standards set by the City. Such containers shall not be placed in the public right-of-way. The containers shall be placed in enclosure(s) which meet City standards when applicable. Separate containers for recyclables and organics shall be provided if applicable. Bins, roll-offs or other containers utilized by a Non-Waste Dealer shall be clearly identified by the name of the Non-Waste Dealer and other information the Administrator may require. The Administrator may regulate the colors and look of such containers as necessary to ensure they are distinguishable from those utilized by the City's Collector(s).

(e) Bins, roll-offs, or other containers to collect Non-Waste by Non-Waste Dealers must be used exclusively for the collection of Non-Waste, as applicable. Residual material within a container other than Non-Waste regularly purchased by or donated to the Non-Waste Dealer must not exceed five percent (5%) in any container, as determined at the discretion of the Administrator.

(f) Each violation of sections 6-3.502, 6-3.503, 6-3.504, 6-3.505 and 6-3.506 will be considered an infraction and subject to penalties listed in OMC § 1-2.01 and section 6-3.811 of this Code, with the exception of subdivisions (f) and (g) of Section 6-3.811.

(1) Notwithstanding any language to the contrary, the obligations of Non-Waste Dealers under this chapter are effective immediately and subject to all enforcement measures, administrative penalties, and civil penalties for non-compliance with no regard to any education period or other delay. If the City determines that a Non-Waste Dealer or similar entity is not in compliance with this Article 8, it shall document the noncompliance or violation, issue a Notice of Violation, and take enforcement action pursuant to this § 6-3.811. Subdivisions (f) and (g) of this § 6-3.811 are inapplicable to Non-Waste Dealers.

(g) (1) Non-Waste Dealers, including, but not limited to, scrap buyers and compostable material buyers, shall keep a record of the amount and type of Non-Waste purchased or received from any entity in any transaction as part of the Non-Waste Dealer's regular course of business. This record shall be subject to inspection by the City, and shall include, at a minimum, the following information:

(i) The Non-Waste Dealer's receipts and weight tickets for any transaction.

(ii) The amount of Non-Waste in cubic yards or tons, purchased by, transported by, or donated to the Non-Waste Dealer from each entity in any transaction. If the nature of the Non-Waste Dealer's business involves the purchase or receipt of Non-Waste that is not reasonably suited for recordation in cubic yards or tons (i.e. used furniture, etc.), the record shall instead reflect the number and weight of each item of Non-Waste.

(iii) A general description of the type of Non-Waste collected in any given transaction.

(iv) The date of each transaction.

(v) The name and contact information of each entity that sold, donated, or otherwise disposed of the Non-Waste material in a given transaction.

(vi) The location to which all Non-Waste was taken or hauled in a given transaction.

(2) If solid waste, recyclable materials, or organic waste is inadvertently collected in the receipt of Non-Waste, such materials are the responsibility of the Non-Waste Dealer and will be considered to have been generated by the Non-Waste Dealer as a commercial generator. In that event, all such materials shall be subject to all other applicable provisions of this chapter, including but not limited to Section 6-3.809.

(3) Non-Waste Dealers shall provide all records collected pursuant to this Section to the City at a frequency determined by the City, but no less than quarterly each calendar year. Such records shall be considered late if received thirty (30) days or more after their due date, and is an infraction subject to penalties listed in OMC § 1-2.01.

(h) The Administrator may issue a compliance order, whereby the Non-Waste Dealer must comply with all directives, conditions, and requirements therein within the time prescribed. The compliance order shall contain terms and conditions to ensure compliance with this chapter. The Administrator may issue citations pursuant to Sec. 6-3.811 when it is determined that a Non-Waste Dealer:

(1) Fails to comply with any provision of this chapter, a City administrative order, a City compliance order, or a City compliance agreement;

(2) Knowingly provides a false statement, representation, record, report, or document to the City;

(3) Refuses to provide records or other documents required by the City to determine compliance with the permit or this chapter.

(Ord. 3216, eff. August 18, 2022)

(a) Pursuant to § 1-4.01, any affected Non-Waste Dealer may appeal in writing to the City Council, by filing with the City Clerk a written notice of such appeal, setting forth grounds thereof. The appellant shall file such notice within fourteen (14) days after receipt of the notice of the administrative decision concerned.

(b) The order of the City Council shall be deemed final upon its adoption.

(c) If the Non-Waste Dealer fails to appeal to the City Council, or the City Council fails to reverse or modify the administrative decision, the Administrator's administrative decision shall be deemed final.

(Ord. 3216, eff. August 18, 2022)

(a) Businesses seeking to obtain a Commercial Recycler Collection Permit shall complete and file with the City, prior to commencing collection efforts, an application on the forms prescribed by the City, and pay any applicable application fees. Any such business collecting recyclables and organics in the City shall have a business license pursuant to OMC § 3-1.105, and shall be registered with any other applicable regulatory authorities.

(b) Applicants may also be required to submit information related to the applicant's anticipated destination of material and potential annual tonnages as may be requested by the City to properly evaluate the permit application.

(c) The permit application may be denied if the applicant fails to establish to the City's satisfaction that the business has failed to obtain a business license, has failed to comply with the health and sanitation regulations of the City, San Bernardino County and the State of California, or if the applicant has, in the past, demonstrated an inability or unwillingness to comply with state or federal solid waste law, or the requirements set forth in this article.

(d) After evaluation of the data, the Administrator may issue a Commercial Recycler Collection Permit, subject to terms and conditions set forth in this chapter, and as otherwise determined by the Administrator to be appropriate to comply with applicable law.

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

For Non-Waste collected by businesses other than the City, the property owner shall be responsible for contracting with the Non-Waste Dealer for regular pick-up and collection of the Non-Waste. Recyclables, organics, solid waste, and Non-Waste shall not be permitted to accumulate such that a visual or public health and safety nuisance is created. The City shall have the authority to abate any such nuisance and charge the property owner or Non-Waste Dealer for the expense of abating the nuisance.

(Ord. 3216, eff. August 18, 2022)

No person, expressly including, but not limited to, a Non-Waste Dealer, may charge a fee or receive any compensation for the collection, transport, disposal, processing, or recycling of Non-Waste, recyclable materials, organics, or solid waste, or charge a rental fee for a container of any such material to be collected within the City. Non-Waste Dealers shall collect only those Non-Waste materials that are sold or donated by the generator thereof. Nothing in this chapter limits the right of any person to donate, sell, or otherwise dispose of his or her Non-Waste.

(Ord. 3216, eff. August 18, 2022)