Chapter 5.20 — COLLECTION, REMOVAL AND DISPOSAL OF REFUSE

• Editor's Note: Prior ordinance history for this chapter includes Prior Code §§ 31.01 - 31.20 and 31.22 - 31.24, as amended by Ordinances 1667, 2029 (part), 2196, 2511, 2566 (part), 2627 (part), 2862, 2960 (part), 3034, 3205 and 3424. For provisions relating to dead animals, see Chapter 6.32.

Within and limited to this chapter, the following words and phrases shall be construed as defined in this section, unless the context indicates otherwise.

(1) "Back-haul" means transporting refuse to a destination owned and operated by the generator using the generator's own employees or equipment.

(2) "Bin" means a detachable refuse container used in connection with commercial premises with a 1 to 8 cubic yard capacity, equipped with a lid, and designed for mechanical pick-up by collection vehicles.

(3) "Box" means a wheeled or sledded container or compactor, generally 7 to 50 cubic yards in size, suitable for the storage and collection of commercial solid waste or recyclable materials.

(4) "Cart" means a wheeled receptacle equipped with a lid, and designed for mechanical pick-up by collection vehicles.

(5) "CCR" refers to the California Code of Regulations.

(6) "City" means the government of the City of Palo Alto, defined in Section 1.04.050(1) of the municipal code, with a principal place of business at 250 Hamilton Avenue, Palo Alto, County of Santa Clara.

(7) "City manager" means the person referred to in Section 2.08.140 of the municipal code, or designee.

(8) "Collection agreement" means a contract with the City for the collection of refuse pursuant to Section5.20.040.

(9) "Collector" means one or more persons authorized by Section 5.20.040 to provide the collection, processing and disposal of refuse pursuant to one or more written contracts with the city.

(10) "Commercial business owner" means any person holding or occupying, alone or with others, commercial premises, whether or not the person holds the title or is the record owner of the commercial premise.

(11) "Commercial premises" means any occupied real property in Palo Alto, except property occupied by federal, state or local government agencies which do not consent to their inclusion, and except residential premises as defined in subsection (37) hereof, and shall include, without limitation, any wholesale or retail establishments, restaurant and food service establishment, bar, store, shop, shopping center, office, industrial establishment, manufacturing establishment, service station, repair, research and development establishment, professional, services, sports or recreational facility, any place or premise where an animal is maintained or sheltered, construction or demolition site, any multifamily property as defined in subsection (26) hereof, and any other commercial or industrial business facility, structure, site, or other establishment in Palo Alto.

(12) "Compostable materials" means organic materials designated by the City as approved for collection and processing, including, without limitation, yard trimmings, food scraps, soiled paper and compostable plastics, but excluding animal manure, sewage sludge, and human biological wastes. "Compostable materials" has the same meaning as "organic waste" as defined in Section 18982 (46) of Chapter 14 of the California Code of Regulations and used in SB 1383.

(13) "Compostable plastic" means any packaging made of compostable plastic meeting Biodegradable Products Institute (BPI) and ASTM D6400 standard for compostability. The packaging must contain the words "compostable" to be acceptable in the city's organic waste collection program.

(14) "Composting" means the controlled, biological decomposition of organic materials into humus for use as a soil amendment, conditioner or fertilizer or for any other similar use or purpose.

(15) "Construction and/or demolition site" means any real property in Palo Alto, at which a building or structure, or any portion thereof, is being constructed, assembled, erected or demolished, and during which construction or demolition waste which must be removed from the property.

(16) "Construction and/or demolition waste" means any waste generated as the result of construction or demolition work, including, without limitation, discarded packaging or containers and waste construction materials, whether brought on-site for fabrication or used in construction or resulting from demolition, excluding liquid waste and hazardous waste.

(17) "Container" means any bin, box, cart, compactor, drop box, roll-off box, or receptacle, used for the storage of solid waste, recyclable materials, compostable materials or other materials designated by the City for collection by the collector.

(18) "Director" means the person referred to in Section 2.08.190 of the Municipal Code, or the director's designee.

(19) "Disposal or processing facility" means a landfill facility, a recycling facility, a composting facility or a solid waste transfer or processing station.

(20) "EPA" means the federal Environmental Protection Agency or successor agency.

(21) "Food service establishment" means any establishment, located or providing food within Palo Alto, which provides prepared and ready-to- consume food or beverages, for public consumption, including, but not limited to, any retail service establishment, eating and drinking service (as defined in Chapter 18.23), takeout service (as defined in Chapter 18.23), supermarket, delicatessen, restaurant, food vendor, sales outlet, shop, cafeteria, catering truck or vehicle, cart or other sidewalk or outdoor vendor or caterer which provides prepared and ready-to-consume food or beverages, for public consumption.

(22) "Hazardous waste" means waste defined as hazardous by Public Resources Code section 40141, as it now exists or may be amended, namely, a waste or combination of wastes, which due to its quantity, concentration, or physical, chemical or infectious characteristics, may do either

of the following: (i) cause or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; (ii) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. "Hazardous waste" includes extremely hazardous waste and acutely hazardous waste, and any other waste as may hereafter from time to time be designated as hazardous by the EPA or other agency of the United States Government, or by the California Legislature or any agency of the State of California empowered by law to classify or designate waste as hazardous, extremely hazardous or acutely hazardous.

(23) "High diversion organic waste processing facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025.

(24) "Home composting" means the controlled decomposition of organic material, including, without limitation, yard trimmings and kitchen scraps, into humus by any person owning or occupying any place or premises in Palo Alto.

(25) "Manure" means the waste droppings of any animal.

(26) "Multifamily property" means any residential premise with three or more attached units with shared service.

(27) "Organic wastes" means "compostable materials."

(28) "Person" means any individual, or entity referred to in Section 1.04.050(5) of the Municipal Code and includes any firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

(29) "Place or premises" means every residential premises and commercial premises, including any structure, apparatus, or portion thereof occupied or operated by any person and situated on an integral parcel of land undivided by a public street, highway, or railway.

(30) "Public solid waste or recycling receptacles" means any container for the collection of solid waste, recyclable materials or compostable materials that are both located on public property and intended for use by the general public.

(31) "Recyclable materials" means materials designated by the City as suitable for collection and transport to a material recovery facility for processing into a recycled content product, including, without limitation, newspaper, paper, cans, corrugated cardboard, glass and certain types of plastic, and metals.

(32) "Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning 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. This term does not include transformation as that term is defined in Public Resources Code section 40180.

(33) "Refuse" means and includes compostable materials, recyclable materials and solid waste.

(34) "Refuse room" means a room(s) located inside a building in which refuse containers are maintained and refuse is collected. Refuse rooms are typically located at the end of a hallway or on the ground level, but may be in other locations.

(35) "Refuse service" means the weekly or other periodic collection, processing and disposal of materials properly deposited in the collector- provided containers for solid waste, as well as weekly collection and processing of recyclable materials and weekly collection and processing of compostable materials.

(36) "Residential householder" means any person owning or occupying residential premises in Palo Alto.

(37) "Residential premises" means any residential dwelling unit in Palo Alto which does not meet the definition of multifamily property in subsection (26) hereof, typically single-family homes or duplexes.

(38) "Salvage" means the controlled removal of construction or demolition debris/material from a permitted building, construction, or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse. Examples include air conditioning and heating systems, columns, balustrades, fountains, gazebos, molding, mantels, pavers, planters, quoins, stair treads, trim, wall caps, bath tubs, bricks, cabinetry, carpet, doors, ceiling fans, lighting fixtures, electrical panel boxes, fencing, fireplaces, flooring materials of wood, marble, stone or tile, furnaces, plate glass, wall mirrors, door knobs, door brackets, door hinges, marble, iron work, metal balconies, structural steel, plumbing fixtures, refrigerators, rock, roofing materials, siding materials, sinks, stairs, stone, stoves, toilets, windows, wood fencing, lumber and plywood.

(39) "Self-hauler" means a person who occasionally collects, transports and disposes of solid waste, compostable materials or recyclable materials generated at the person's place or premise, in lieu of availing themselves of the services of the collector. Self-hauler also includes a person who back-hauls waste. Self-hauler includes, but is not limited to, landscapers, gardeners and contractors as specified in Section 5.20.111.

(40) "Self-hauler of compostable materials" means a gardener, laborer, contractor, construction worker, or landscaper who collects, transports and disposes of compostable materials.

(41) "Solid waste" means solid and semisolid wastes, generated in or upon, related to the occupancy of, remaining in or emanating from residential premises or commercial premises, including garbage, trash, rubbish, ashes, industrial wastes, manure, animal carcasses, solid or semisolid wastes, and other solid and semisolid wastes. "Solid waste" shall not include liquid wastes or sewage, abandoned vehicles, hazardous waste, recyclable materials or compostable materials.

(42) "Solid waste enterprise" means any person regularly engaged in the business of providing solid waste, recyclable materials or compostable materials handling services.

(43) "Source separated single recyclable materials" means recyclable materials that are separated from other recyclable materials or solid waste and placed in separate containers according to type or category of materials and directly marketed as a single commodity.

(44) "Waste station" means a collection of at least three refuse containers, color coded, with proper signage located in common indoor and outdoor areas (such as lobbies, hallways, front entrances, laundry rooms, etc.) for use by the public, employees, tenants or customers allowing for proper separation of refuse.

(45) "Yard trimmings" means plant trimmings generated from the maintenance or alteration of public, commercial premises or residential premises landscapes, including, without limitation, grass cuttings, yard clippings, leaves, tree trimmings, pruning, brush and weeds, excepting those materials which are prohibited under written rules and regulations promulgated by the director.

(Ord. 5536 § 2 (part), 2021: Ord. 5475 § 1, 2019; Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)

(a) The accumulation, collection, removal and disposal of refuse must be controlled by the City for the protection of the public health, safety and welfare. The Council finds that to give practical effect to this policy a comprehensive system for the periodic collection, removal and disposal of refuse from all places or premises is essential and benefits all occupants of places or premises. All occupants of places or premises shall be liable for refuse collection charges established by the Council for the collection, removal and disposal of refuse.

(b) The City complies with the applicable provisions of the California Integrated Waste Management Act, as amended, codified in the Public Resources Code section 40000 et seq. The law requires that, by and after January 1, 2000, fifty percent (50%) of the solid waste generated must be diverted through some source reduction, recycling, and composting activities.

(c) The City also complies with the 75 percent recycling goal included as part of AB 341 Mandatory Commercial Recycling Law, adopted on October 6, 2011, which includes modifications to the Public Resources Code.

(d) In addition, the city complies with the organic waste recycling requirements under AB 1826, which became effective on April 1, 2016.

(e) In 2016, SB 1383 established methane emissions reduction targets to reduce statewide emissions of short-lived climate pollutants including, establishing a fifty percent reduction of disposed organic waste from 2014 levels by 2020 and a seventy-five percent reduction by 2025; and the target to reduce twenty percent of disposed edible food by 2025. Also in 2016, the city established sustainability and climate action goals of an eighty percent reduction in greenhouse gases and ninety- five percent diversion of materials from landfills by 2030.

(f) In 2020, CalRecycle adopted regulations pursuant to SB 1383 (14 CCR 18981 et seq.) to implement the goals of SB 1383; the city complies with these regulations.

(g) The City may adopt, implement, and enforce requirements, rules and regulations for local compostable materials and local recyclable materials that are more stringent or comprehensive than California law.

(Ord. 5536 § 2 (part), 2021: Ord. 5475 § 2, 2019; Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)

(a) No person shall throw, drop, leave, place, keep, accumulate, or otherwise dispose of any refuse upon private property either with or without the intent to later remove the same from that place or premises, or upon any street, public right-of-way, sidewalk, gutter, stream, or creek, or the banks thereof, or any public place or public property.

(b) All persons shall separate their refuse according to its characterization as solid waste, compostable materials, or recyclable materials, and place each type of refuse in a separate container designated for disposal of that type of refuse. No person may mix any type of refuse, or deposit refuse of one type in a collection container designated for refuse of another type, except as otherwise provided in this chapter. This does not prohibit the placement of refuse in public solid waste or recycling receptacles, or in containers for collection in accordance with the provisions of this chapter. This section does not prohibit any person from engaging in home composting.

(c) Any person occupying a commercial premises, not including multifamily property, who uses bags to collect and discard refuse, whether placed for collection inside or outside a container, shall ensure that the refuse contents of the bags are clearly visible. When bags are used, garbage shall be collected in clear plastic bags and recyclable materials shall be collected in blue-tinted plastic bags.

(d) All persons who use bags to collect compostable materials, whether placed for collection inside or outside a container, shall use green-tinted compostable bags such that the contents are clearly visible.

(Ord. 5536 § 2 (part), 2021: Ord. 5475 § 3, 2019; Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)

(a) The City shall authorize, permit, regulate and control the collection, removal and disposal of all refuse generated at all places or premises. For this purpose, the City may enter into a collection agreement with one or more solid waste enterprises with or without advertising for bids. The collection agreement shall not be or be deemed or construed as a franchise.

(b) Notwithstanding any permit issued by any other governmental agency authorizing the collection of any type of refuse, no person other than a person with a collection agreement, or its duly authorized agents or subcontractors, as provided in Section 5.20.070, shall negotiate or contract for, undertake to receive, collect, remove, transport, or dispose of any type of refuse from within the Palo Alto for a fee, service charge or other consideration therefor, except as specifically provided herein.

(c) No person shall interfere in any manner with the lawful operations of the collector or its duly authorized agents or subcontractors.

(d) Except as otherwise provided in this chapter, each residential householder and commercial business owner shall utilize the services of the collector for the collection of refuse from the residential or commercial premises held or occupied by that owner or occupant and shall pay the fees for services as approved by the Council. No residential householder or commercial business owner shall enter into an agreement with a solid waste enterprise for the collection of refuse except as otherwise provided in this chapter.

(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)

(a) Except as expressly authorized by this Chapter 5.20, no person other than a collector may place a container within Palo Alto.

(b) The City shall notify, in writing, any person who violates this Section 5.20.050 that the prompt and permanent removal of the container from the place or premises is required. The City shall deliver the written notice by posting a copy of the notice prominently upon the container. If the container is identified by the name and telephone number of the solid waste enterprise servicing it, as required by Section 5.20.130(e), the City shall endeavor to contact the enterprise by telephone. The failure of the City to notify telephonically the owner of the presence of the container at the place or premises shall not invalidate the notice. The City may impound or cause to be impounded any container if the same is not permanently removed from the place or premises within the time set forth in the notice, which time shall be not less than twenty-four hours after the posting of the notice, or not less than six business hours after the telephonic notification, if any notice is provided. For purposes of this Section 5.20.050, "business hours" means the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday. Any person who violates this Section 5.20.050 shall be liable to the City for all fines and charges levied in connection with the collection, transportation, storage and handling of that container by the City. The container impounded by the City shall be retrieved by the owner or his or her representative immediately after all applicable fines and charges have been paid. The City manager may delegate to the collector the authority to impound any unauthorized containers and to collect the fines and charges levied by the City.

(c) Upon posting of a written notice of violation upon the unauthorized container, the person using the unauthorized container shall immediately cease placing refuse therein.

(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)

Any owner, occupant or tenant of a place or premise may contract with the collector or its duly authorized agents or subcontractors, as provided in Section 5.20.070, but not otherwise, for special hauling services for the collection, removal and disposal of solid waste in excess of the regular services provided by the collector.

(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)

The City may provide in any written contract entered into pursuant to Section5.20.040(a) that the collector may designate, in writing, one or more agents or subcontractors who may collect, remove, and dispose of solid waste or construction and demolition waste as may be in excess of the regular collection made by the collector, subject to the limitations set forth in the collection agreement.

(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)

All persons owning or occupying any place or premises where solid waste is created, produced or accumulated shall subscribe and pay for this type of refuse service and shall subscribe and pay for a number of containers to hold all solid waste created, produced or accumulated at or on the place or premise during a one-week period, unless a different frequency for a collection schedule has been approved or directed pursuant to this chapter.

(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)

(a) All persons owning or occupying any place or premises where recyclable materials are created, produced or accumulated shall subscribe and pay for this type of refuse services and shall subscribe and pay for a number of containers sufficient to hold all recyclable materials created, produced or accumulated at the place or premises during a one-week period, unless a different frequency collection schedule has been approved or directed pursuant to this chapter.

(b) Recyclable materials placed for curbside collection in or outside of a container shall become the property of the collector at the time of placement at the curb or other designated location for collection in or outside of the container. The collector shall have the exclusive right to collect the recyclable materials, unless the collection agreement specifies a different arrangement.

(c) The disposal of solid waste and compostable materials in containers designated for the collection of recyclable materials is prohibited. Recyclable materials that are placed in a recyclable materials container for collection by the collector shall be free of solid waste and compostable materials.

(d) Cardboard boxes shall be broken down flat before being placed into recyclables containers to allow for adequate space to contain the recyclable materials.

(Ord. 5536 § 2 (part), 2021: Ord. 5475 § 4, 2019; Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)

(a) All persons owning or occupying any place or premises where compostable materials are created, produced or accumulated shall subscribe and pay for this type of refuse services and shall subscribe and pay for a number of containers sufficient to hold all compostable materials created, produced or accumulated at the place or premises during a one-week period, unless a different frequency collection schedule has been approved or directed pursuant to this chapter.

(b) Compostable materials placed for curbside collection in a container shall become the property of the collector at the time of placement at the curb or other designated location for collection of the container.

(c) The disposal of solid waste and recyclable materials in containers designated for the collection of compostable materials is prohibited. Compostable materials that are placed in a compostable materials container for collection by the collector shall be free of solid waste and recyclable materials.

(d) All commercial premises at which solid waste refuse service is subscribed, shall subscribe and pay for a number of containers sufficient to hold compostable materials created, produced or accumulated at or on the place or premises during a one-week period, unless a different frequency collection schedule has been approved or directed pursuant to this chapter.

(e) The City may direct the collector to audit individual solid waste streams generated at commercial or residential premises to determine the owner, occupant or tenant's compliance with this section.

(Ord. 5536 § 2 (part), 2022: Ord. 5475 § 5, 2019; Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)

(a) No person subscribing to refuse service shall dispose or permit the disposal of solid waste in a container designated for the collection of recyclable materials or compostable materials. The person shall remove any solid waste deposited in the recyclable materials and compostable materials containers before the collection of the recyclable materials and compostable containers occurring that week.

(1) The collector will notify any person who occupies commercial or residential premises whenever the City or the collector determines the recyclable materials or compostable materials container of that person is contaminated with solid waste and the waste must be removed. After the person removes the solid waste from the recyclable materials and compostable materials container, the collector will return to the commercial or residential premises to service the container or containers and the person occupying the commercial or residential premises will be charged a "return trip" fee specified in the refuse rate schedules.

(2) If the person occupying the commercial or residential premises does not remove the waste from the recyclable materials and compostable materials containers by the scheduled pick-up date, the containers will be serviced at the next business day and the person occupying the commercial or residential premises will be charged both an "extra solid waste pick-up" fee and a "return trip" fee in addition to the refuse charges

that apply to the level of service subscribed by the person occupying the commercial or residential premises. The extra solid waste pick-up fee shall be determined according to the size of the contaminated recyclable materials or compostable materials container and the established rates approved by the City.

(3) The fees outlined in Section 5.20.105 (a)(1) - (2) will also apply if a person occupying a commercial or residential premises places recyclable materials in containers designated for compostable materials or compostable materials in containers designated for recyclable materials.

(4) If a person occupying a commercial or residential premises places recyclable materials and/or compostable materials in containers designated for solid waste, the person will be subject to a "contamination" fee.

(b) No person shall dispose of commercial grease or cooking oil in a compostable materials container.

(Ord. 5536 § 2 (part), 2021: Ord. 5475 § 6, 2019; Ord. 5377 § 1 (part), 2016)

(a) The owner or manager of any multifamily property or commercial premises shall provide a level of refuse service sufficient to contain the refuse generated by the owners, occupants, tenants, employees, contractors, and customers of the property or premises.

(b) The owner or manager of any multifamily property or commercial premises shall provide the number and type of containers at the property or premises sufficient to make the source separation of refuse convenient for the owners, occupants, tenants, employees, contractors, and customers of the property or commercial premises.

(c) The three types of containers shall: (1) Be appropriate in number and size with respect to the quantity of solid waste, compostable materials, and recyclable materials anticipated to be generated at the property or premises; (2) Bear appropriate signage/label and be color-coded - blue containers for recyclable materials, green containers for compostable materials, and black containers for solid waste - to identify the primary materials accepted and the primary materials prohibited in each container and meet any additional design criteria established by the City; and (3) Be placed within six inches or less of each other or as close together as practicable to provide equally convenient access to users.

(d) The owner or manager of any multifamily property or commercial premises shall provide information and training for new occupants or tenants, employees and contractors, including janitors, on the manner of source separation of solid waste, compostable materials, and recyclable materials before or within 14 days of occupation of the premises or performing work on the premises. The owner or manager shall provide information or train current occupants, tenants, employees and contractors at least once per calendar year.

(e) The owner or manager of any commercial premises or their contractor shall collaborate with on-site janitors to create effective source separation programs.

(f) All commercial businesses including multifamily property shall periodically inspect green compostable materials containers for contamination and shall inform employees if containers are contaminated and of the requirements to only use those containers for compostable materials.

(g) The use of public solid waste, recycling, or composting receptacles by any commercial premises is prohibited.

(Ord. 5536 § 2 (part), 2021: Ord. 5377 § 1 (part), 2016)

(a) The promoter or coordinator of a special event held in Palo Alto shall provide a level of refuse service sufficient to contain the refuse generated at the special event.

(b) The promoter or coordinator shall provide containers at appropriate locations at the special event to facilitate the source separation of solid waste, compostable materials, and recyclable materials by event employees, vendors, and attendees.

(c) The three types of containers shall:

(1) Be appropriate in number and size with respect to the quantity of solid waste, compostable materials, and recyclable materials anticipated to be generated at the property or premises;

(2) Bear appropriate signage and be color-coded - blue containers for recyclable materials, green containers for compostable materials, and black containers for solid waste - to identify the type of refuse to be contained and meet any additional design criteria established by the City; and

(3) Be placed together as a waste station to provide equally convenient access to users.

(d) If the promoter or coordinator determines that vendor booths at the special event will require refuse containers, the vendors shall receive from the promoter or coordinator a set of refuse containers that bear appropriate signage and are color-coded to identify the type of waste to be contained.

(e) The use of public solid waste recycling or composting receptacles at special events is prohibited. The promoter or coordinator shall remove or cover all public solid waste recycling or composting receptacles to prevent their use during the special event. If covers for receptacles are utilized, the promoter or coordinator shall return them to the city after the special event.

(Ord. 5536 § 2 (part), 2021: Ord. 5475 § 7, 2019; Ord. 5377 § 1 (part), 2016)

(a) Residential Householder Exclusion. No provision of this chapter shall prevent a residential householder from collecting and disposing of occasional loads of solid waste generated at the residential premise, composting at home, or selling, donating or disposing of recyclable or compostable materials generated at the residential premise. The containers provided by the collector may not be used for activities authorized by this paragraph. Notwithstanding the foregoing, no residential householder shall employ or engage any solid waste enterprise, other than the collector to haul or transport solid waste, recyclable materials, or compostable materials to a disposal or processing facility. No residential householder may collect or dispose of solid waste generated at a location that is not the residential premise.

(b) Gardener's Exclusion. No provision of this chapter shall bar a gardener, tree trimmer or other person engaged in a similar trade from collecting and disposing of yard trimmings not containing other solid waste whenever the collection and disposal are incidental to providing the gardening, tree trimming or similar services. Trade persons shall adhere to the requirements described in Section 5.20.111.

(c) Commercial Source Separated Recyclable Materials and Compostable Materials.

(1) Commercial business owners shall retain the right to donate or sell recyclable materials and compostable materials, or to pay fees for services to solid waste enterprises other than the collector for the collection of particular recyclable materials and compostable materials, so long as

all recyclable materials and compostable materials collected are source separated single recyclable materials and compostable materials. Recyclable materials and compostable materials collected pursuant to this paragraph (c) shall be transported to a recyclable materials and compostable materials facility achieving a diversion rate of 90 percent and where not more than 10 percent of the materials are disposed of in a landfill. For source separated compostable materials owner shall follow requirements in Section 5.20.111.

(2) Commercial business owners shall demonstrate compliance with the provisions of this paragraph (c) at the request of the director.

(3) The City may require any recycler, junk dealer or other enterprise engaged in the business of buying and marketing recyclable materials and compostable materials to provide the City with information pertaining to the collection and the amount of recyclable materials and compostable materials collected from within Palo Alto's territorial limits.

(d) Collection of Source Separated Single Recyclable Materials. No provision of this chapter shall prevent a recycler, junk dealer or other enterprise engaged in the business of buying and marketing source separated single recyclable materials in the stream of commerce and which buys such materials for marketing and not for disposition in a landfill or transfer station (as defined in Public Resources Code Section 40200), from buying recyclable materials for monetary or other valuable consideration. A recycler, junk dealer or enterprise which buys recyclable materials shall not be prohibited from removing and transporting those materials to a destination for marketing in the stream of commerce.

(e) Renovation, Rebuilding, Repairs. No provision of this chapter shall prevent a commercial business owner from arranging for any worn, spent, or defective equipment, or part thereof, used in the commercial business and requiring renovation, rebuilding, recharging, regeneration or repair, to be picked up, renovated, rebuilt, recharged, regenerated or otherwise restored and repaired and returned to that commercial business owner. Any person engaged in the business of renovating, rebuilding, recharging, regenerating, or otherwise restoring or repairing the equipment or part thereof, is not prohibited from transporting the same from or returning it to the commercial business, or from removing, transporting or disposing of the equipment, or part thereof, replaced in connection with an equipment repair or service contract.

(f) Contractors' Exclusions. In addition to the authority granted by paragraph (c) of this Section 5.20.110, no provision of this chapter shall prevent a licensed contractor under contract for the deconstruction, demolition or reconstruction of a building, structure, pavement, or concrete installation from marketing any saleable, including cardboard and metal, or donation items salvaged from the deconstruction, demolition or reconstruction, or from causing the salvageable items or construction or demolition waste to be removed and transported from the place or premises at which such waste is generated, pursuant to the provisions of the demolition or construction contract, subject to the following:

(1) The collection, removal and disposal activity shall be performed only by the licensed contractor under contract for the construction, deconstruction or demolition work that generated the salvageable items or by regularly employed personnel carried on the licensed contractor's payroll records as an employee.

(2) All vehicles used to facilitate the collection, removal and disposal activities shall be owned by or under the exclusive control of the licensed contractor and shall meet all of the requirements of this chapter and all other laws, statutes, rules, regulations and ordinances of the state of California and the City. All vehicles shall be subject to inspection by and the approval of the director from time to time.

(3) The placement and use of a container, other than a container provided by the collector, shall be prohibited, whether placed on the ground, on a vehicle, or any other place.

(4) A licensed contractor performing the work can collect, remove and dispose of clean soil. The soil must be free of other materials including compostable materials, wood, C & D debris, metal, etc.

(g) Concrete Exclusion. In addition to the authority granted by paragraph (f) of this Section5.20.110, nothing in this chapter shall prevent a commercial/industrial business owner, residential householder, or licensed contractor from using a solid waste enterprise other than the collector to dispose of concrete.

(h) Document Destruction Service. No provision of this chapter shall prevent any person engaged in the business of destroying or disposing of secret, confidential or sensitive documents from transporting or disposing of those documents, provided the transport and disposal of the documents are incidental to the document destruction or disposal service.

(i) General Requirement. In all cases where the right to an exclusion pursuant to this Section 5.20.110 is exercised, disposal shall be made at a disposal or processing facility that meets all applicable regulatory requirements. Any disposal by a person exempted under this section shall not be relieved of any obligation or liability imposed by this chapter or any other ordinance, resolution, rule or regulation for the payment of the minimum solid waste and recyclable materials disposal rates imposed pursuant to this chapter or any other applicable rates or fees.

(j) Space Limitations for Existing Structures. The director may grant a written exemption for any existing commercial business structure that lacks sufficient storage space for compostable materials or recyclable materials from all or portions of this section in accordance with the written rules and regulations established by the director. The director, in cases where space constraints are determined to exist, shall also evaluate the feasibility of shared container usage by contiguous businesses or multifamily property structures.

(k) De Minimus Exception. The director may waive any of the requirements of this section if documentation satisfactory to the director, based upon rules and regulations, is provided to establish that the materials in any type of container, on an on-going basis is incidental to any other materials originating from that collection location.

(Ord. 5536 § 2 (part), 2021: Ord. 5475 § 8, 2019; Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)

(a) In addition to the authority granted by paragraph (a) of Section5.20.110 nothing in this chapter shall prevent a person from, occasionally collecting, transporting, and disposing of refuse generated at the place or premise, in lieu of availing themselves of the services of the collector. The person shall adhere to the container requirements as specified in Section 5.20.050. Any person who pursuant to paragraph (a) seeks to on a regular basis collect, transport and dispose of solid waste generated at the place or premise, shall first obtain approval of the director, and must comply with any written rules and regulations established by the director.

(b) Self-haulers of compostable materials, including gardeners, laborers, contractors, construction workers, and landscapers disposing of source separated compostable materials, shall:

(1) Adhere to container requirements as specified in Section 5.20.050, provided, however, that self-haulers of compostable materials can use a truck with an attached bed, a landscaper/gardeners truck, a dump truck, or a trailer to collect, transport and dispose of compostable materials.

(2) Transport the compostable materials to a high diversion organic waste processing facility approved by the city.

(3) Keep a record of the amount of source separated compostable materials delivered to each high diversion waste processing facility, including:

(A) Delivery receipts and weight tickets from the entity accepting the waste.

(B) The amount of material in cubic yards or tons transported by the generator to each entity.

(C) 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 compostable materials.

(4) Provide information collected in section (b)(3) above to city if requested, which shall be subject to inspection by the city.

(c) A residential compostable materials generator that self-hauls compostable materials is not required to record or report information.

(d) A gardener, landscaper, or other contractor is not considered a residential compostable materials generator and is therefore required to follow section (b) above.

(e) No residential householder or commercial business owner shall employ or engage any solid waste enterprise, other than the collector, to haul or transport the solid waste to a disposal or processing facility.

(Ord. 5536 § 2 (part), 2021)

(a) All types of refuse containers shall be kept in a sanitary condition with the lids closed except whenever they are being loaded or unloaded.

(b) Refuse containers suitable for residential places or premises shall be provided by the collector or the City. Any container shall be of a size based upon the subscription service level requested by the person responsible for the payment of charges therefor or as may be required by this chapter. Any container shall not be loaded with more than the quantity of materials that either can fit in the container with its lid closed or is in excess of the weight limit marked on the container, when the lid is closed. All containers for use at commercial premises shall be provided by or approved by the collector, except for industry-approved grease or cooking oil tallow containers that shall be provided by a designated tallow hauler.

(c) Refuse containers shall be collected by the collector whenever the containers are placed in a refuse enclosure or at the authorized collection area. Collection may be made at another location upon approval of the director, based upon the subscription service level requested.

(d) All commercial property owners, commercial business owners and persons shall provide access to the city or the collector for the inspection of internal and external refuse containers and enclosures. The director shall be authorized to conduct inspections of commercial premises, as permitted by law, to ensure compliance with this chapter, including this section.

(e) Commercial property owners, commercial business owners and persons shall ensure that all refuse containers and refuse enclosures are accessible and easily serviceable by the collector. Service vehicles shall have a safe and clear passage and access to refuse enclosures to provide for the efficient service to customers.

(Ord. 5536 § 2 (part), 2021: Ord. 5475 § 9, 2019; Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)

(a) The commercial business owners and residential householder shall maintain their containers at their places and premises and the areas where the containers are located in good, usable, clean and sanitary condition, and shall ensure that the lids on the container are kept closed and shall ensure that there is no litter underneath or surrounding the containers. No refuse shall be placed outside of the container. Containers shall be maintained in a manner that will prevent leakage, spillage and the emission of odors. Commercial premises sharing receptacles placed outside of retail areas, shall also share equally in the responsibility of emptying the receptacles so that they do not overflow and maintaining the area around the receptacles so that it is free of loose litter.

(b) The location or placement of containers at any place or premise shall be subject to the approval of the director. Every commercial business owner shall provide a location at the commercial premises for the containers they use.

(c) Any collection agreement may provide for the rental of containers approved by the collector to customers. The collector shall be responsible for maintenance of the rental containers by keeping the containers in good and sanitary condition (ordinary wear and tear excepted) and shall repaint the containers at a frequency as determined by the director. The collector and the renter shall determine and agree upon the placement of the containers to minimize traffic, aesthetics and other potential effects that may be associated with their placement.

(d) Where a container is not rented from the collector but is rented from another solid waste enterprise and approved by the City, the renter shall ensure that the container meets the standards of quality and maintenance applicable to the containers supplied by the collector. The renter shall procure the written standards or rules and regulations of the collector prior to renting from another solid waste enterprise.

(e) Any containers of a one cubic yard or greater size shall be identified with the name and telephone number of the collector or other solid waste enterprise servicing the container. The container shall be identified by the type of materials that can be deposited in the container.

(f) Containers shall remain on private property and not in the public right-of-way except as necessary to accommodate scheduled collection. Containers are permitted in the public right-of-way only during the day preceding the day of scheduled collection and terminating the day following such collection.

(Ord. 5536 § 2 (part), 2021: Ord. 5475 § 10, 2019; Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)

The Collector or its duly authorized agents or subcontractors shall collect refuse from all residential premises and commercial premises within Palo Alto at least once a week, unless the director authorizes a different frequency of collection as provided in Section 5.20.

(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)

(a) Refuse shall be collected only between the hours of 6:00 a.m. and 6:00 p.m. in residential districts and at schools, churches, and commercial premises located in commercial districts adjacent to residential districts.

(b) Refuse shall be collected only between the hours of 4:00 a.m. and 9:00 p.m. in commercial districts other than as indicated in (a) above, subject to any reasonable modifications of collection periods as the director may impose.

(c) All collections shall be made as quietly as possible. All trucks and equipment for refuse collection shall be operated in a manner that complies with the noise ordinance codified in the Municipal Code. All unnecessarily noisy trucks or equipment for such collections are prohibited.

(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)

All types of refuse hauled by any person over public streets in Palo Alto shall be securely tied and covered during hauling in order to prevent litter and the leakage, spillage, blowing or dropping of refuse of any type on to public streets. No person shall allow any type of refuse to leak, spill, scatter, blow or drop from any vehicle operated on public streets within Palo Alto.

(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)

Upon a showing of hardship by the owner, occupant or tenant of a place or premise, the director may issue a special written permit authorizing a variance with the provisions of this chapter yet the variance will be subject to the imposition of terms and conditions as the director may deem necessary to protect the public health, safety and welfare.

(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)

No person shall permit any type of refuse to accumulate at its place or premises for a period in excess of one calendar week, except the director may authorize by written rules and regulations a different frequency of collection, removal and disposal of refuse for compactors at commercial premises. This provision shall not be construed to prohibit any person from temporarily storing building materials at any place or premises during the period of active construction, reconstruction or repair of a building or structure thereon under a current valid building permit, storing wood in an orderly pile at the place or premise for household use, or retaining compostable materials for home composting purposes.

(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)

(a) No person shall burn any refuse within Palo Alto at any time.

(b) No person shall bury or dump any type of refuse within Palo Alto. Compostable materials may be buried on-site by the occupant of the residential place or premises.

(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)

No person shall deposit any hazardous waste in a container.

(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)

(a) No person shall tamper with, modify, scavenge from or deposit any type of refuse placed in any refuse container which is not provided for the use of that person, without the permission of the person responsible for the container and payment of the fees therefor under this chapter.

(b) Except as otherwise provided in Sections 5.20.090 and 5.20.110, no person shall collect any type of refuse originating from any residential place or premises or any posted recycling center within Palo Alto.

(c) The foregoing prohibitions are in addition to the prohibitions set forth in Section 41950 et seq. of the Public Resources Code.

(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)

Except as set forth in Section 5.20.110, every person with residential premises or commercial premises within Palo Alto shall be liable for the payment of the refuse service rates, including any collection rates authorized by the City.

(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)

(a) All collection rates and charges imposed by the Council pursuant to the provisions of this chapter for the collection, removal and disposal of all types of refuse shall be a civil debt owing to the City from the owner, occupant or person maintaining or controlling the place or premises receiving the services.

(b) All such collection rates and charges shall be billed along with other municipal utility bills, if so billed, and shall be subject to the provisions of the City's utility rates and regulations governing the collection and payment of other utility rates. The City may by agreement permit the collector or other person to collect the applicable rates and charges for refuse service. Notwithstanding the foregoing, fees for the use of boxes may be collected by the collector.

(c) The collection of the rates imposed pursuant to this chapter shall be in addition to any other remedies available to the City for the failure of any person to pay the rates.

(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)

The city may maintain within the city's territorial limits a recycling center which accepts from residents and nonresidents the delivery of recyclable materials. The delivery of some or all of these recyclable materials may be subject to the imposition of rates as a condition of acceptance at the recycling center. Under rules and regulations promulgated by the city manager, the city at any time may prohibit nonresidents from delivering some or all recyclable materials to the recycling center, and may impose on nonresidents rates on the delivery of recyclable materials that differ from those imposed on residents.

(Ord. 5136 § 2, 2011: Ord. 4451 § 1 (part), 1997)

(a) The City manager or designee shall adopt written rules and regulations, not inconsistent with this chapter, as may be necessary for the proper administration and enforcement of this chapter. The written rules and regulations may include, but are not limited to, regulations relating to the required frequency of refuse collection from various types of places or premises, the types of special containers required for placement at places or premises, and regulations governing the vehicles used in making collections.

(b) The City manager shall resolve all disputes concerning the administration or enforcement of this chapter, and his or her decision shall be final.

(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)

Violation of any provision of this chapter shall be subject to the provisions and penalties set forth in Title 1 of the Municipal Code unless otherwise specified.

(Ord. 5377 § 1 (part), 2016; Ord. 4618 § 1, 2000: Ord. 4451 § 1 (part), 1997)