Article II — SOLID WASTE AND RECYCLING

Editor’s note:

Article II, containing Divisions 1—5, Sections 19-150—19-200, was repealed and replaced by Ord. No. 3007, adopted March 1, 2022. The article related to solid waste and recycling, and the sections thereunder were derived from Ord. Code §§ 15-1—15-30 and Ord. No. 2372, 2431, and 2918.

                                   DIVISION 1. IN GENERAL

SEC. 19-150. FINDINGS AND PURPOSE.

The city finds and declares:

The collection, transportation, processing, marketing, transfer and disposal of solid waste and recyclables by qualified persons is necessary to protect the public health, safety and general welfare and to implement State law. For these reasons, collecting, transporting, processing, marketing, transferring and disposing of solid waste and recyclable materials requires regulation and control by the city in the manner set forth in this code, including, but not limited to, this article.

(Ord. No. 3007)

SEC. 19-151. DEFINITIONS.

(A) For the purposes of this article, the following words shall have the following meanings. Any words or phrases relating to solid waste that are not defined in this article shall have the meaning applied to them in Cal. Pub. Res. Code, Sections 40000 et seq.

(B) Whenever reference is made herein to any portion of this article, any other ordinance, resolution or regulation of the city, or any law of this State, the reference shall be deemed to apply to all amendments and additions heretofore or hereafter made to such ordinances, resolutions, regulations or laws.

(1) ARTICLE - Article II of chapter 19 of the Oxnard City Code and any regulations issued pursuant hereto.

(2) CALRECYCLE - California’s Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing,

implementing, and enforcing SB 1383 regulations on the city (and others).

(3) CALIFORNIA CODE OF REGULATIONS or CCR - The State of California Code of Regulations. CCR references in this article are preceded with a number that

refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).

(4) CHARGES - Money paid for solid waste, recycling, and related services. CHARGES and RATES are synonymous.

(5) CITY - The City of Oxnard, California.

(6) COMMERCIAL BUSINESS or COMMERCIAL - A firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or

nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this article.

(7) CONTAINER COLLECTION SERVICES - The city’s method for collecting and transporting collected materials from single-family, multi-family, commercial, and

industrial waste generators. The city may authorize either a three or two bin collection system that is in compliance with color, size, and labeling requirements of SB 1383, 14 CCR Section 18982.2.

(8) CONTAINER CONTAMINATION or CONTAMINATED CONTAINER - A container, regardless of color, that contains excluded waste and/or contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

(9) CONSTRUCTION & DEMOLITION or C&D - Construction and demolition debris.

(10) CURBSIDE - A curb located adjacent to a street or alley located within the city.

(11) ENFORCEMENT ACTION - An action of the city enforcement official to address non-compliance with this article including, but not limited to, issuing

administrative citations, fines, penalties, or using other remedies.

(12) ENFORCEMENT OFFICIAL - The public works director or designee, environmental resources division manager, code enforcement personnel, Ventura County

administrative official, chief operating officer, executive director, or other executives in charge or their authorized designee(s) who is/are partially or wholly responsible for enforcing this article.

(13) EVENTS AND VENUES - 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 1,000 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; or a permanent venue facility that annually seats or serves an average of more than 1,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this article and implementation of 14 CCR, Division 7, Chapter 12, 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.

(14) EXCLUDED WASTE - Hazardous substances, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated

radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, 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 the facility by permit conditions, waste that in city, or its designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose city, or its designee, 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 solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Cal. Pub. Res. Code, Sections 41500 and 41802.

(15) NON-LOCAL ENTITY - The following entities that are not subject to the city’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):

  (a)  Special district(s) located within the boundaries of the city.

  (b)  Federal facilities, including military installations, located within the boundaries of the city.

  (c)  Prison(s), except privately run prisons, located within the boundaries of the city.

  (d)  Facilities operated by the State park system located within the boundaries of the city.

  (e)  Public universities (including community colleges) located within the boundaries of the city.

    (f)  County fairgrounds located within the boundaries of the city.

  (g)  State agencies located within the boundaries of the city.

(16) NONRESIDENTIAL USE - A use on a lot that does not contain one or more residential dwellings or uses.

(17) OCCUPANT - The person who is entitled to use and occupy any lot located in the city, including buildings and structures located thereon.

(18) ORGANICS CONTAINER - Has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source

separated organic material including any solid waste 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, compostable paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

(19) ORGANIC MATERIAL - Solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food,

food scraps, fats, oils and grease (FOG), living material, landscape and pruning waste, organic textiles and carpets, lumber, wood, compostable paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

(20) OWNER - The legal owner of any lot located within the city.

(21) PROCESSED MATERIALS - Recyclable materials, including compostable organic materials that have been processed or pre-processed by a processing

facility.

(22) RECYCLING CONTAINER - A container that is part of a two or three-container waste collection service that complies with the requirements of the city and has

the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of the storage and collection of source separated recyclable materials for the use or temporary storage of recyclable materials.

(23) RECYCLABLE MATERIALS - Materials that are discarded with the intent that they be collected for return to the economic mainstream in the form of processed materials, rather than becoming solid waste deposited in a landfill, and may include non-organic recyclables, which includes non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section 18982(a)(43), paper, cardboard, metal, plastics, wood, construction and demolition materials, and other materials specified by the city manager for inclusion in the city’s recycling and diversion programs, but shall not include excluded waste.

(24) RECYCLING OR PROCESSING FACILITY - A facility, licensed and authorized by the city or another public agency where recyclable materials are separated

or aggregated, sorted, or otherwise pre-processed, processed and/or prepared for marketing to an end user of the processed materials.

(25) REFUSE CONTAINER - A container that is part of a two or three-container waste collection service and has the same meaning as specified in 14 CCR

Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5) and shall be used for the purpose of storage and collection of solid waste including refuse, trash, non-recyclable materials, non-organic wastes but shall not include excluded waste.

(26) REGULATIONS - Written regulations and amendments thereof issued by the city manager or through State or federal laws pursuant to this article.

(27) REMOTE MONITORING - The use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of collection containers for

purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

(28) RESIDUAL MATERIALS - That portion of recyclable materials delivered to a processing facility that is leftover and must be disposed of after the recyclable

and/or organic materials have been processed and/or diverted from the waste stream sent to the landfill.

(29) SELF-HAULER - A person, who hauls solid waste, organic or recyclable material he or she has generated to another person or processing facility. Self-hauler

also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). BACK-HAUL means generating and transporting solid waste, compostable organic materials, or recyclable materials to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

(30) SINGLE-FAMILY GENERATOR - Of, from, or pertaining to any residential premises with fewer than five units.

(31) SOLID WASTE - Has the same meaning as defined in Cal. Pub. Res. Code, Section 40191, which defines solid waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, non-compostable paper, non-compostable organic material, rubbish, ashes, industrial wastes, certain non-divertible 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, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes, with the exception that solid waste does not include any of the following wastes:

  (a)  Hazardous waste, as defined in Cal. Pub. Res. Code, Section 40141.

  (b)  Radioactive waste regulated pursuant to the State Radiation Control Law (Cal. Health and Safety Code, Division 104, Part 9, Chapter 8 (commencing with

Section 114960)).

  (c)  Medical waste is regulated pursuant to the State Medical Waste Management Act (Cal. Health and Safety Code, Division 104, Part 14 (commencing with

Section 117600)). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Cal. Pub. Res. Code, Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Cal. Pub. Res. Code, Division 30.

(32) SOLID WASTE DIVISION - That division of the city that is responsible for the collection of solid waste and the management of services related to processing

and transporting refuse, recyclable and organic materials within the city.

(33) THREE CONTAINER COLLECTION SYSTEM - The collection system used by the city to collect three solid waste materials streams including: refuse or trash,

recyclable and organic materials. The materials identified for each of the three containers are further defined in 14 CCR Sections 18982.2(a)(28), 18982.2(a)(5), and 18982.2(a)(29) respectively.

(34) TIER ONE COMMERCIAL FOOD GENERATOR - A commercial edible food generator pursuant to 14 CCR Section 18982(a)(73) that is one of the following:

  (a)  Supermarket.

  (b)  Grocery store with a total square foot area equal to or greater than 10,000 square feet.

  (c) Food service provider.

  (d) Food distributor.

  (e)  Wholesale food vendor.

(35) TIER TWO COMMERCIAL FOOD GENERATOR - A commercial edible food generator pursuant to 14 CCR Section 18982(a)(73) that is one of the following:

(a) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

  (b)  Hotel with an on-site food preparation and service facility or kitchen and 100 or more beds.

  (c)  Health facility with an on-site food preparation and service facility or kitchen and 100 or more beds.

  (d)  Large venue.

  (e)  Large event.

(36) TRUCK - Any motor vehicle that transports recyclable materials within the city and that is defined as a truck in the Cal. Vehicle Code.

(37) WAIVER - The act a city enforcement official may take to intentionally relinquish a requirement to comply with specified sections of the law based on established criteria set forth by the city.

(38) WASTE - Any material, substance, or byproduct that has been eliminated or discarded as no longer useful. Any material that cannot be diverted, recycled,

transformed, processed or otherwise repurposed rather than being sent to the landfill.

(Ord. No. 3007)

SEC. 19-152. ESTABLISHMENT OF REGULATIONS BY CITY MANAGER.

The city manager or designee shall from time to time, as deemed necessary or desirable, issue and amend regulations relating to the collection of residential and nonresidential solid waste and recyclable materials and the conditions of service, including but not limited to minimum service levels; refundable deposits; standards for extra nonresidential business service; standards for keeping, collecting, removing and disposing of solid waste, recyclable and organic materials; the sufficiency and sanitation of solid waste, recyclable and organic materials containers and carriers; green waste; and the sale of salvageable materials, and of products, commodities and services incidental thereto, and the charges to be made therefor. Copies of such regulations shall be maintained at the solid waste division.

(Ord. No. 3007)

SEC. 19-153. HOURS OF OPERATION AND CHARGES SET BY CITY COUNCIL.

(A) The city council shall by resolution set hours of operation of solid waste and recyclable materials collection and hours of operation of city-owned or operated public recycling or processing facilities. In the event of a local or general emergency, or pandemic, the city manager may make adjustments to hours of operation for the duration of the local or general emergency or pandemic.

(B) The city council shall by ordinance set charges for collection of solid waste, recyclable materials, and related services. Such charges may include all costs incurred by the city in providing such services, including but not limited to the costs of employee and administrative overhead, the costs of contracts for services, and the costs of the purchase and rental of supplies and equipment, in addition to facility upgrades necessary to comply with all State and federal laws.

(Ord. No. 3007)

SEC. 19-154. COMPLIANCE WITH ARTICLE.

(A) Whenever compliance with the provisions of this article is required of any person, such requirement shall include compliance with all regulations issued by the city manager or designee pursuant to this article.

(B) Waivers and exemptions.

(1)  Waivers. Pursuant to 14 CCR Section 18984.11 and the SB 1383 regulations, which allow the city, at their option, to grant waivers to waste generators for

physical space limitations, de minimis volumes, and/or collection frequency waivers.

(2) De minimis waivers. The city may waive a commercial business’ obligation (including any/all multi-family residential dwellings) to comply with some or all of the waste collection requirements of this article if that entity provides documentation that the waste generated is below a certain amount as described in (B)(3)(a) below. Commercial businesses requesting a de minimis waiver shall:

  (a)  Submit an application specifying the services for which they are requesting a waiver and provide documentation as noted below.

  (b)  Provide written and photographic documentation that either:

    1. The commercial business’ total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a green or yellow

container comprises less than 20 gallons per week per applicable container of the business’ total waste; or

    2. The commercial business’ total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a green or

yellow container comprises less than ten gallons per week per applicable container of the business’ total waste.

  (c)  Notify the city if circumstances change such that commercial business’s organic material generation exceeds the threshold required for such a waiver, in which

case the waiver will be rescinded.

  (d) Upon receipt of such a waiver, provide written verification of eligibility for de minimis waiver every five years.

(3)  Physical space waivers. The city may waive a commercial business’ or property owner’s obligations (including all multi-family residential dwellings) to comply

with some or all of the recyclable materials and/or organic materials collection service requirements if the city has evidence from its own staff, a hauler, a licensed architect, or a licensed engineer, demonstrating that the premises lack adequate space and/or approved waste enclosure for the collection containers required for compliance.

  (a) A commercial business or property owner may request a physical space waiver through the following process:

    1.  Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

    2.  Provide written and photographic documentation that the premises lack adequate space for the city’s required three or two bin commercial collection services

per State law, including documentation from its hauler, licensed architect, or licensed engineer.

    3. Upon receipt of such a waiver, provide written verification to the city that it is still eligible for a physical space waiver every five years.

    4. New occupants to existing multi-tenant commercial buildings are subject to provisions in section 19-180 of this article.

(Ord. No. 3007)