Chapter 6.20 — GARBAGE, RUBBISH, AND CONSTRUCTION WASTE RECYCLING AND DISPOSAL

Editor's note— Ord. No. 2015-02, § 1, adopted June 17, 2015, amended Ch. 6.20 in its entirety to read as herein set out. Former Ch. 6.20, §§ 6.20.010—6.20.160, pertained to similar subject matter and derived from Ord. No. 46-NS, §§ 1—12, 1946; Ord. No. 89-NS § 1, 1958; Ord. No. 70-NS § 1, 1970; Ord. No. 76-04 § 3, 1976; Ord. No. 77-7 § 2, 1977; Ord. No. 78-7 § 1, 1978; Ord. No. 02-02 § 13, 2002.

It is the intent of this chapter to amend Chapter 6.20 of the City of Parlier Municipal Code relating to the collection of solid waste and sources separation of recyclables in the City of Parlier. This article will establish requirements for recycling to meet Assembly Bill 939 under the California Integrated Waste Management Board and also to satisfy the requirements of AB 341, AB 1826, SB 1016, and the Cal Green Code. It is the purpose of the City of Parlier to benefit, protect and ensure pubic health, safety and welfare of is residents through this solid waste ordinance. It shall be unlawful for any person to dispose of solid waste in a manner inconsistent with this chapter. AB 1826 requires businesses that generate a specific amount of organic waste per week to arrange for recycling services for that waste as of January 1, 2016.

(Ord. No. 2015-02, § 1, 6-17-2015)

A.

"AB 939" means the California Integrated Waste Management Act of 1989 (Division 30, California Public Resource Code), as amended by AB 341, AB 1826, SB 1016, and as further amended, supplemented, superseded, and replaced from time to time.

B.

"Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for any permit, as defined in this chapter, and who, therefore, responsible for meeting the requirements of this chapter.

C.

"Bin" means a 1-yard, 1.5 yard 2-yard, 3-yard, 4-yard, and 6-yard metal container for the collection of solid waste or single-stream recycling.

D.

"Bottles" includes glass or plastic containers that hold beverages or food, regardless of size or shape.

E.

"Bulky items" means all discarded household waste matter that is too large to be placed in a container, including, but not limited to, large household appliances, appliances containing chlorofluorocarbons, furniture, carpets, mattresses, and similar large items that require special handling due to their size, and which typically will be deposited by customers during community clean-up events. Bulky items placed by customers for collection shall not include excluded waste or household hazardous waste.

F.

"Cal Green Code" means the California Green Buildings Standards Code as found in Part 11 of Title 24 of the California Building Standards Code.

G.

"Cardboard" includes material primarily used for boxes with a corrugated inner layer.

H.

"City" means the City of Parlier.

I.

"Collection (and collection services, collect, collected, and collecting)" means collection by a designated contractor of solid waste, including recyclable materials and green waste, and its transportation to a disposal or transfer facility, green waste processing facility, or a recycling facility.

J.

"Commercial customer" means any person or property owner of a business enterprise or commercial building receiving collection service.

K.

"Community clean-up event" means the collection event services provided to residential customers with respect to bulky items and similar or related types of solid waste (which shall not include any hazardous waste items), as distinguished from those collection materials gathered by the franchise hauler.

L.

"Construction and demolition waste" means solid waste that results directly from construction, remodeling, repair, demolition, or deconstruction of buildings and other structures, does not contain hazardous waste (as defined in California Code of Regulations, Title 22, Section 66621.3 et seq.), and contains no more than one percent putrescible waste by volume, calculated on a monthly basis. Construction and demolition waste includes, but is not limited to, asphalt, concrete, Portland cement, brick, lumber, wallboard, roofing material, ceramic tile, pipe, glass, carpet or associated packing.

M.

"Container" means wheeled plastic 96-gallon containers provided by the hauler for collection of solid waste, including single-stream recyclables, and green waste material.

N.

"Customer" means the person or entities receiving collection services.

O.

"Construction" means the building of any facility or structure or any portion thereof including tenant improvements to an existing facility or structure.

P.

"Covered projects" shall have the meaning set forth in Section 6.20.060.

Q.

"Deconstruction" means the process of carefully dismantling a building or structure in order to salvage components for reuse or recycling.

R.

"Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, payment or building, whether in whole or in part, whether interior or exterior.

S.

"Dispose" means to dump, deposit, discharge, or unload solid waste either at the location it was generated or at another location, not including temporary storage at the place it was generated.

T.

"Divert" means use material for any purpose other than disposal in a landfill or transformation facility.

U.

"Diversion requirement" means the redirection from the waste stream of at least fifty percent of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an infeasibility exemption, in which case the diversion requirement shall be the maximum feasible diversion rate established by the city's planning department and meet Cal Green Code.

V.

"Dwelling" means a residence, flat, apartment, live-well unit, or other facility, which meets the applicable city codes for residential living. "Dwelling" does not include a hotel or motel.

W.

"Electronic waste (e-waste)" means consumer and business electronic equipment that is near or the end of its useful life. Televisions, computer monitors, LCD desktop monitors, laptop computers with LCD displays, LCD televisions, plasma televisions, portable DVD players with LCD screens, printers, VCR's, cell phones, telephones, radios, and some microwaves ovens.

X.

"Excluded waste" means all of the following types of waste materials are not to be placed in the refuse, recycling, or green waste container, bin, or container, unless instructed by the hauler:

Hazardous waste;

Medical and infectious waste;

Volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material;

Household hazardous waste;

Waste that the designated contractor reasonably believes would, as a result of or upon disposal, be a violation of federal, state, or local law, regulation or ordinance, including land use restrictions or conditions;

Waste that in the designated contractor's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the franchise hauler or the city to potential liability;

Special waste (E-waste and universal waste).

Y.

"Franchise hauler" means the hauler that is contracted with the city by a franchise agreement to collect solid waste, recyclables, green waste, electronic waste, and construction and demolition materials.

Z.

"Green waste" is part of "organic waste" defined below and includes biodegradable materials including branches (less than three inches in diameter), brush, cut flowers, dead plants, grass clippings, house plants, leaves, prunings, shrubs, weeds, wood (uncoated and untreated), wood chips, yard trimmings,

Christmas trees (placed in containers/bins, provided, that larger trees such as tree stumps and intact dead trees are considered Bulky Items for the purposes of this chapter. Green waste shall not include any excluded waste.

AA.

"Hauler" shall mean the city's contracted exclusive franchised hauler responsible to collect solid waste, recyclable, green waste, and construction and demolition material within the city limits and to transport material to the appropriate facility.

BB.

"Hazardous waste" shall have the meaning set forth in California Code of Regulations, Title 14, Division 7, Chapter 3, Article 4, (most notably Section 17225.32) and Health and Safety Code Section 25117, or in the Comprehensive Environmental Responsibility Compensation and Liability Act (42 USC Section 9601 et seq., commonly known as CERCLA), or in their successor laws and regulations as may be amended form time to time, whichever definition is determined by the city as more inclusive.

CC.

"Household hazardous waste" shall have the meaning set forth in California Code of Regulations, Title 14, Division 7, Chapter 7, Article 1.1, Section 18502 or successor laws and/or regulations, as such provisions may be amended from time to time.

DD.

"Illegal dumping" means the disposal of waste in a non-permitted area, such as a back area of a yard, a stream bank, or some other off-road area. Illegal shall also mean the pouring of liquid wastes or disposing of trash down storm drains or dumping waste in a container or bin where waste did not originate.

EE.

"Material recovery facility" means the required facility where construction and demolition waste should be hauled to be processed in order to meet Cal Green Code and the city's diversion requirements.

FF.

"Non-covered projects" means projects that do not qualify as covered projects to Section 6.20.060.

GG.

"Organic waste," as defined in PRC Section 42649.8, and includes food waste, green waste, landscape and pruning waste, non-hazardous wood waste, and food-soiled paper waste that is mixed with food waste.

HH.

"Organic waste generator," as defined in PRC Section 42649.8.

II.

"Recyclable material or recyclables" means materials that have been separated from solid waste stream prior to disposal and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the market place, and that are not landfilled. The following list is the acceptable recyclable materials to be placed in the recycling container: aluminum, glass bottles and jars, plastic (containers, bottles, and buckets), tin and bi-metal cans, corrugated cardboard, and mixed paper.

JJ.

"Recycle, recycled, recycling" means the process collection, sorting, cleansing, treating, and reconstituting of recyclable materials that would otherwise be disposed of, and returning them to the economy in the form of raw reconstituted products. The collection, transportation, or disposal of solid waste not intended for, or capable of, reuse is not recycling within the meaning of this chapter.

KK.

"Waste management plan form" means a required form submitted by the applicant and approved by the city's planning department. The waste management plan form provides the city with applicant's contact information and detailed information for each covered project.

LL.

"Required construction and demolition processing facility" means the city's exclusive franchise hauler's material recovery facility located at 2721 S. Elm Street, Fresno CA 93706, or at 1535 Avenue 392, Kingsburg, CA 93631 (the Kingsburg facility is for self-haul only).

MM.

"Self haul or self hauling" means any individual may transport and dispose of solid waste, recyclable materials, or green waste, consistent with applicable city and the exclusive private hauler requirements, generated within the city limits by the household of that individual. For a commercial customer, self-hauling means performance of its disposal services by an individual listed on its payroll as an employee, but not as an agent.

NN.

"Special waste" includes any materials that under current or future statute, ordinance or regulation, require the application of special treatment, handling, or disposal practices beyond those normally required for solid waste. As defined for purposes of this chapter, "special waste" shall be deemed to include, without limitation, all of the following: flammable waste; liquid waste transported in a bulk tanker; sewage sludge; pollution control process waste; residue and debris from cleanup of a spill or release of chemical substances; contaminated soil, waste, reclamation, recycling, or disposal of any other special waste; dead animals; manure; waste water; explosive substance; radioactive substances; fluorescent tubes; electronic waste, construction and demolition debris; and abandoned or discarded automobiles, trucks, motorcycles or parts thereof, including tires.

OO.

"Solid waste or waste" means all putrescible and non-putrescible solid, semisolid, and liquid waste, including garbage, trash, refuse, paper, rubbish, ashes, industrial waste, demolition and construction waste, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid waste, and other discarded solid and semi-solid waste. Solid waste does not include hazardous waste or radioactive waste. Solid waste does not include recyclable materials set out for separate collection for the purposes of recycling, and that are not landfilled.

PP.

"Universal waste" means hazardous waste generated by a wide variety of people that contain mercury, lead, cadmium, copper, and other substance hazardous to human and environmental health. Universal waste includes: Batteries AAA, AA, C, D, button cell, a-volt, and all others both rechargeable and single use, cell phones, computers and computer monitors, electronic devices, fluorescent lamps, mercury waste like thermometer and toys, non empty aerosol cans, and televisions.

QQ.

"Waste diversion fee deposit" shall mean a fee deposited with the city pursuant to Section 6.20.060(H) (diversion deposit fee).

(Ord. No. 2015-02, § 1, 6-17-2015)

The following methods will be used to meet the needs of the customer of the city for the collection and disposal of solid waste, recyclables, green waste, electronic waste, and construction and demolition material.

A.

The city will use the franchise hauler to collect and transport solid waste, organic waste, recyclables, green waste, and construction and demolition material from all single-family, multi-family, commercial, and industrial premises within the city limits.

B.

The city's franchise hauler shall be the only hauler permitted to remove solid waste, recyclables, green waste and construction and demolition material from single-family residences, multi-family residences and commercial and industrial businesses within the city limits, except that a person may self-haul, subject to the requirements of this chapter.

C.

Each residential customer will receive a 96-gallon container for green waste material, a 96-gallon container for recyclables, and a 96-gallon for trash from the franchise hauler.

D.

Customers with a permit to build or deconstruct a building structure within the city limits shall receive bins from the franchise hauler for separation of material.

E.

Community clean-up events for collection of bulky material will be provided for city residents.

(Ord. No. 2015-02, § 1, 6-17-2015)

The owner and occupant of any premises, business establishment, or industry are responsible for complying with the city's bin enclosure guidelines. The applicant of any development activity subject to this code shall include the location and design of all existing and proposed recycling and trash enclosures, and the design of site access points for solid waste and recycling collection vehicles in its plans.

A.

Development Activity Other Than Duplexes, Triplexes, Fourplexes. For development activity other than duplexes, triplexes and fourplexes, the site plan shall provide for one or more double enclosures. If a trash compacter is proposed for use, the design and manufacturer's detail drawings shall be submitted with the site plan submittal.

B.

Trash and Recycling Containers. Trash and recycling containers shall be shown on the site plan at grade. Adequate capacity shall be provided for trash and recycling bins or containers.

C.

Trash and Recycling Enclosure Accessibility. Trash and recycling enclosures shall be accessible to solid waste collection vehicles. Location and access shall, to the extent reasonably possible, be designed to minimize potential injury to employees or the public and damage to property from collection vehicles. The plan shall include design for solid waste truck turnaround movements, showing access and turnaround areas, and "keep clear" area, for solid waste collection vehicles.

(Ord. No. 2015-02, § 1, 6-17-2015)

A.

Existing Recycling and Trash Bin Enclosure. If the development activity is a tenant improvement for a site, not requiring significant site improvements, that has an existing trash enclosure, then the required recycling containers for the facility shall be located inside the trash enclosure. If it is not possible to locate the required recycling bins in the trash enclosure, based on the municipal utilities director's estimate of required volume, then recycling bins shall be located adjacent to the existing trash enclosure. Any proposed modifications to the existing trash enclosure shall comply with the requirements listed in Section 6.20.040 of this chapter.

B.

No Existing Recycling and Trash Bin Enclosure. If the development activity does not have an existing trash enclosure, the development may be required to install a trash enclosure that will meet the requirements of Section 6.20.040 of this chapter. If it is determined by the municipal utilities director that there is insufficient space to construct a trash and recycling enclosure, the required recycling receptacle shall be located adjacent to the existing trash bins. Any proposed recycling and trash enclosure shall comply with the requirements listed in Section 6.20.040 of this chapter. The municipal utilities director shall have the authority to grant exceptions to the requirements under Section 6.20.040 of the chapter based on space and access considerations.

C.

Waiver of Parking Requirement. In order to meet the required recycling volume requirement for the size of the facility, the planning commission and/or city council may grant a waiver to reduce required parking through approval of variance. The municipal utilities director and the community development director shall have the authority to grant the use of parking spaces for the location of recycling receptacles, provided the enclosure or receptacles meet the design specifications in Section 6.20.040 of this chapter and the reduction in parking spaces do not violate the minimum parking requirements for the development.

(Ord. No. 2015-02, § 1, 6-17-2015)

A.

Any issuance of a building or deconstruction permit for a project within the city limits shall require compliance with recycling guidelines provided by the planning department. The franchise hauler shall provide bin service and shall transport the construction and demolition waste to landfill or other appropriate destination, unless exempt from this chapter.

B.

Diversion Requirements.

At least seventy-five percent of all concrete and asphalt construction and demolition debris and fifty percent of all other construction and demolition debris generated by any covered project shall be delivered to the city's franchise hauler's material recovery facility, where material will be processed, sorted, recycled, or otherwise diverted from landfills for highest diversion.

Each applicant for a covered project shall meet the diversion requirements of this section unless the applicant is granted an exemption pursuant to this chapter, in which case the diversion requirement shall be the maximum diversion rates feasible (the "lower alternate diversion rates") as established in writing by the city's planning department.

C.

Covered Projects.

Covered projects are subject to meet Cal Green Code and shall mean any of the following projects.

a.

All projects involving residential development of more than one residential unit;

b.

All projects with a project area of five hundred square feet or greater;

c.

All projects involving non-residential demolition and/or renovation of 500 square feet or greater of project area.

D.

Non-Covered Projects. Applicants for non-covered projects are encouraged to divert construction and demolition debris to an extent and in a manner consistent with the diversion requirements of this chapter. All non-covered projects are subject to Section 6.20.170 regarding use of city's exclusive franchise hauler.

E.

City-Sponsored Projects.

City-sponsored construction, demolition or renovation activities that involve five hundred square feet or greater of project area shall divert construction and demolition debris in a manner consistent with this chapter to the extent necessary to meet or exceed the diversion requirements of this section (diversion requirements). For such city-sponsored projects, a waste management plan form, approved by the city, must be submitted to and approved by the planning department prior to the commencement of the subject construction, demolition, or renovation activities.

City-sponsored construction, demolition and renovation activities that involve less than five hundred square feet of project area are not required, but shall be encouraged, to divert construction and demolition debris to an extent and in a manner consistent with the diversion requirements of this chapter.

City curbside improvements and replacement of asphalt.

F.

Waste Management Plan Form.

The applicant for a covered project shall submit a waste management plan form to the city's planning department, in a form approved by the city's planning department, prior to beginning any construction, demolition, or renovation activities that generate solid waste.

The applicant shall submit its completed, signed, and dated waste management plan form to the city during the construction, demolition, and/or similar permit application process(es). Approval of the waste management plan form by the city's planning department shall be a condition precedent to the issuance of any building or demolition permit for all covered projects.

At a minimum, an approved waste management plan form shall contain the following:

a.

Project location;

b.

Contractor name;

c.

Contact information;

d.

Expected start and end date for the project;

e.

Hauler/sub hauler information;

f.

Transport by roll-off or self-hauls;

g.

Transport to the city's franchise hauler's material recovery facility located at 2721 S. Elm, Fresno CA 93706, or at 1535 Avenue 392, Kingsburg, CA 93631 (used for self-haul only);

h.

Type of project.

The applicant shall submit an appropriate deposit and administrative fees for the project in accordance with this section (waste diversion fee deposit required).

Once the covered project is complete, the applicant must turn in required documents showing total waste and diversion of material, before the city will approve a certificate of occupancy and sign application as approved and refund waste diversion deposit to the applicant.

G.

Deconstruction Requirement. In order to ensure the diversion of reusable and/or recyclable fixtures, appliances, and other similar items from every demolition or renovation project, no demolition may take place until the applicant for a covered project has demonstrated through documentation submitted to and approved by the planning department that deconstruction activities will take place prior to demolition.

At a minimum, such documentation shall identify the name of the party that will conduct the deconstruction activity and the dates or time period when such activity is anticipated to occur. Reusable materials salvaged and diverted through the deconstruction of any covered projects shall count towards the diversion requirements of this section (diversion requirement) in reported documentation required by Section 6.20.060(K) (reporting requirements).

H.

Waste Diversion Fee Deposit Required.

As a condition precedent to the issuance of any construction, demolition, or similar permit for a covered project, the applicant shall post a deposit (in the form of cash, letter of credit, money order, bond, or other method of payment acceptable to the city, in the amount of one dollar per square foot of building area related to covered project that will be constructed, demolished, or renovated. In no case shall the required deposit exceed fifty thousand dollars for any single covered project. Credit cards shall not be accepted by the city for payment of such deposit. The deposit shall be returned in total to the applicant, promptly and without interest, at the conclusion of the project upon the applicant presenting proof satisfactory to the city's planning department that no less than the required percentages (or approved lower alternative diversion rates) of construction and demolition debris generated by the covered project have been recycled, reused, or otherwise diverted from landfills to the extent indicated in the approved application. If lesser percentages of construction and demolition debris tonnage than required were diverted, the deposit shall be forfeited entirely to the city by the applicant. Failure to comply with any terms of this chapter or conditions imposed by the planning department may result, at the city manager's sole discretion, in the applicant's forfeiture of the waste diversion fee deposit.

I.

On-Site Practices. During the term of the covered project, the applicant shall divert the required percentage of waste and keep weight tickets from the material recovery facility. The city's planning department will monitor each covered project by requesting recycling reports from the city's exclusive franchise hauler to

determine the percentage of waste recycled or reused from the covered project. To the maximum extent feasible, project waste shall be separated on-site if this practice increases diversion. For construction, demolition, and/or renovation projects, onsite separation shall include, but not limited to, salvageable materials (e.g., fixtures, appliances, and other similar items) and lumber, wallboard, concrete and corrugated cardboard.

J.

Facilities. The material recovery facility shall meet applicable requirements of the Cal Green Code and an overall minimum fifty percent diversion for construction and demolition debris. The recovery rate will be determined by the total quantity of materials delivered to an established recycling and composting markets divided by the total quantity received by the registered facility.

K.

Reporting. Within thirty days following the completion of the demolition phase of a covered project, the applicant shall, as a condition precedent to receiving a return of the waste diversion deposit described in Section 6.20.060(H), submit actual weight tickets and or a diversion report from the city's exclusive franchise hauler to the city's planning department.

(Ord. No. 2015-02, § 1, 6-17-2015)

A.

The franchise hauler shall:

Operate within the guidelines established by the city ("guidelines"). Such guidelines shall include, but will not be limited, to standards for equipment and vehicle maintenance, including removal of graffiti, maintaining proper company identification with phone number, and maintaining a current valid DMV registration.

Ensure that all solid waste vehicle drivers have a valid California driver's license appropriate for the vehicle driven; maintain minimum collection frequency for all solid waste accounts in accordance with local and state requirements; ensure noise is kept to the minimum necessary to provide collection services to accounts; and ensure vehicles are appropriately registered by the department of motor vehicles.

All vehicles and equipment used in the city by the franchise hauler, including, but not limited to, trucks, trailers, or waste containers, must be maintained in good working order.

The franchise hauler shall provide all residential and commercial customers with appropriate containers to collect garbage, green waste and recyclable material, including construction and demolition debris and organic waste.

Franchise hauler shall deliver all recyclables collected to a recycling facility.

(Ord. No. 2015-02, § 1, 6-17-2015)

The franchise hauler shall screen at the point of collection all loads of solid waste, green waste, recyclables, and construction and demolition, using appropriate means of inspection, to eliminate where practical, the transportation of known or suspected hazardous waste. Hazardous waste found at the point of collection shall not be collected and the franchise hauler shall immediately notify the generator to not dispose of hazardous waste in solid waste, recycling, green waste, or construction and demolition loads. The franchise hauler will be responsible to provide the generator with education regarding proper disposal for hazardous waste material.

(Ord. No. 2015-02, § 1, 6-17-2015)

The city or franchise hauler is authorized to inspect solid waste, recycling, green waste and construction and demolition containers, bins, or containers.

(Ord. No. 2015-02, § 1, 6-17-2015)

A.

Every owner or commercial tenant of any premises within the city where solid waste is generated and/or accumulated shall accept collection service from the franchise hauler under terms of the franchise agreement between city and franchise hauler.

B.

Every owner or commercial tenant shall initiate service within ten days of occupancy of any premises or place within the city where solid waste is generated and/or accumulated. If service is not initiated within this time period, the City of Parlier shall give written notice to the owner that such service is required. If service is not started within ten days of the date of the mailing or delivery of the notice, the City of Parlier may require the franchisee to initiate service.

C.

If the City of Parlier or franchise hauler determines that additional solid waste bins/containers or capacity is necessary, the exclusive private hauler shall provide for such additional service with ten days of the date of the mailing of written notice by the City of Parlier.

D.

Residents shall place containers at the curb for pick up before 6:00 a.m. on their scheduled collection day. Opening of lid should face the street and lids must be closed and not overfilled.

E.

Containers should be removed from the curb within thirty-six hours of being serviced and stored in a location that cannot be viewed from the street.

(Ord. No. 2015-02, § 1, 6-17-2015)

All commercial establishments that utilize cooking oil for cooking or frying of food shall place cooking oil in a watertight container bearing the name of the establishment, having a tight fitting lid, and which, when filled shall not exceed fifty pounds in weight. All commercial establishments must contract with a liquid waste hauler to collect liquid waste.

(Ord. No. 2015-02, § 1, 6-17-2015)

A.

Charges for collection service in the city shall be as established from time to time by contract between the city and the franchise hauler.

B.

Said charges shall be paid at the same time and in the same manner as the water and other city utility charges are paid and all applicable rules and regulations governing the collection of water and other city utility charges shall apply in the collection or assessment for the collection of solid waste.

C.

If payment of services is delinquent according to the city's policies and ordinances, water will be shut off.

D.

Within ten days after water is shut off, solid waste, recycling, and green waste, containers/bins will be removed from location. A delivery fee will be charged to reinstate services.

E.

It shall be the responsibility of the property owners or the legal occupant of any premises to pay for solid waste services.

(Ord. No. 2015-02, § 1, 6-17-2015)

It shall be a violation of this chapter for any residential customer that fails to follow recycling guidelines, and such violation may result in the imposition of fines or penalties as follows:

The franchise hauler will mail the customer a warning notice on the first instance of contamination with the recycling, green waste, or solid waste container. The next instance of contamination the hauler will mail a contamination notice, notifying the customer that they are required to pay a fine.

First fine: $10.00 within any twelve-month period.

Second fine: $25.00 within any twelve-month period.

Third fine: $50.00 within any twelve-month period.

If the customer continues to contaminate containers a fine of fifty dollars will continue to be placed on the customer utility billing account.

Customers will be billed for fines on their monthly utility statements.

(Ord. No. 2015-02, § 1, 6-17-2015)

A.

No person owning or occupying any premises in the city shall accumulate, or allow to accumulated, waste materials of any kind: however, this section shall not be construed as interfering with a construction project during the construction period.

B.

No person shall dump, place or bury any waste of any kind on any premises or in any public place or right of way within the city.

C.

No persons or business shall contract for recycling or waste collection which would violate the exclusive provisions of the franchise agreement.

D.

No person shall illegally dump solid waste, or prohibited material in a container, bin, or container where material did not originate.

E.

No other person or contractor shall collect, transport, solid waste, recyclables, green waste, organic waste and construction and demolition upon or through any street, alley or public place in the city, unless franchised. The following persons shall be exempt from this prohibition:

Landscaping and yard maintenance persons who, as a consequence of their business activity may generate, transport, and dispose of green waste they generate.

Building contractors may self haul using their company registered vehicles. No solid waste bin or container may be used, unless provided by the franchise hauler, used for hauling construction and demolition material from construction and demolition project, as provided in this chapter.

Self-haulers.

F.

No person shall combine designated, unsoiled recyclables with other solid waste. Failure to source separate designated materials for recycling is a violation of this chapter.

G.

Violations of any provisions of this chapter shall be considered an infraction.

(Ord. No. 2015-02, § 1, 6-17-2015)

All solid waste, recyclables, and greenwaste to be collected by the hauler shall be deposited for collection in a container, bin, or container provided by the hauler.

(Ord. No. 2015-02, § 1, 6-17-2015)

Solid waste separation requirements.

A.

Recyclable material and green waste material each shall be separated by customer from solid waste, and each shall be placed by customer in the designated containers for collection.

B.

An owner, landlord or agent of an owner or landlord of a multi-family rental.

C.

Housing property, mobile home park, trailer park or recreational vehicle park with three or more units, shall comply with its separation responsibilities by establishing a collection and storage system for separated recyclables at each premises.

D.

All inhabited or occupied property within the city must use the franchise hauler designated by the city.

(Ord. No. 2015-02, § 1, 6-17-2015)

All persons within the City of Parlier owning or in control of premises used as occupied residence, place of business, or other building or place where persons reside, congregate or are employed shall subscribe to and thereafter use the weekly scheduled mandatory recycling collection services provide by the franchise hauler. residential and commercial generators must ensure that mixed recyclables are placed in the proper recycling bin or container. This section and Sections 6.20.150 and 6.20.160 do not limit residents selling recyclables to certified refund value (CRV) buy back center. This section shall require CRV buy back centers to report recycling volumes to the Department of Conservation, California Integrated Waste Management Board, and the city when requested.

(Ord. No. 2015-02, § 1, 6-17-2015)

The City of Parlier shall have the authority and responsibility for enforcing this section.

A.

It shall be unlawful for any person other than the franchise hauler or other authorized person(s) to remove from any curb, alley, street, designated pick-up location, or any storage area or container, any separated salvageable commodity.

B.

It shall be unlawful for any person to disturb or tamper with any container, bin, or container containing salvageable material, or the contents thereof, or to remove any such container, bin, or container from the location where the same was placed by the owner of said container or bin.

(Ord. No. 2015-02, § 1, 6-17-2015)

The city's code enforcement department and public works employees are empowered and required to enforce the provisions of this chapter, and shall have the right to enter upon all premises for the purpose of inspecting for or obtaining compliance with this chapter, except that a warrant shall be obtained if permission to enter private property has not been granted by the owner or legal occupant of such property.

(Ord. No. 2015-02, § 1, 6-17-2015)