Piedmont Municipal Code Div. 9.03 Generator and Service Unit Requirements

Sections: 9.03.010 Proper disposal required 9.03.020 Minimum solid waste, recyclable material, and organic waste disposal

requirements 9.03.030 Use of solid waste, recyclable material, and organic waste containers 9.03.040 Use of overage bags for green waste 9.03.050 Collection and placement of containers 9.03.060 Self-haul permit 9.03.070 Special Events

Every owner of any premises shall ensure that arrangements are made to properly dispose of the solid waste, recyclable material, and organic waste created, produced, or accumulated on the premises through either maintaining a subscription for regular collection service or self-hauling pursuant to a permit issued under section 9.03.060. The failure to comply with the requirements of this section is a threat to the public health, safety and welfare, and is declared and deemed a nuisance.

requirements. A. The owner of any premises shall ensure that solid waste, recyclable material, and organic waste created, produced, or accumulated on the premises is placed in their designated containers and is either collected by the collector or properly removed pursuant to a self-hauling permit or as otherwise may be permitted by the City of Piedmont or its designee, at least once a week or more often as may be required to adequately serve the premises.

B. In order to fulfill the city’s obligations under state law, the director may require the owner of any premises or the generator of solid waste, recyclable material, and organic waste at any premises to subscribe to and pay for waste collection services in the configuration the director determines is necessary for the preservation of the public health and/or public safety.

C. The requirements may include: requiring landfill containers (Gray), compost containers (Green) and recycling containers (Blue) in the sizes and numbers as needed to store all the waste generated at the service unit during the periods between collections; requiring the owner or generator to change the frequency of collection or the size of solid waste, recyclable material, and organic waste containers at the service unit; and requiring additional efforts in the recycling of recyclable materials and organic materials generated by businesses and multi-family dwellings.

D. The failure to comply with the requirements of this section is a threat to the public health, safety and welfare, and is declared and deemed a nuisance.

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Each service recipient is required to use landfill containers (Solid Waste-Gray), compost containers (Organic Waste-Green) and recycling containers (Recyclable-Blue) as provided by the contractor. A service recipient may request larger or smaller containers or request additional
containers.

On a periodic basis, if a single-family or multi-family dwelling service recipient has additional green waste in excess of what can be placed in the organic waste cart provided by the contractor, a single-family dwelling or multi-family service recipient may place green waste materials in overage bags provided by the contractor or a biodegradable bag provided by the generator. Each loaded bag may not weigh more than 50 pounds.

Each single-family dwelling collection service will be curbside collection unless a single-family dwelling service recipient subscribes to on-premises collection.

A. Curbside placement and removal. Single-family dwelling service recipients that are subscribed to curbside collection of landfill containers, compost containers and recycling containers must temporarily place containers at the front property line within three feet from curb or street no earlier than 6:00 p.m. on the day before the scheduled collection day. They must remove the containers from the front property line no later than 11:59 p.m. on the scheduled collection day. Service recipients may not place containers in a public street or public sidewalk, but may place containers for collection in the right-of-way parking strip.

B. On-premises placement. Service recipients that are subscribed to on-premises collection of the landfill containers (Gray), compost containers (Green) and recycling containers (Blue) must place and maintain the containers in the side yard or backyard of their premises where the carts will not be a public nuisance or in any degree offensive. The location must allow for easy and safe access to the contractor.

A. Permit required. An owner or an occupant of any premises may elect to source separate and self-haul solid waste, recyclable material, and organic waste generated at the premises directly to a disposal or processing facility holding all applicable permits to accept the material. Any such owner or occupant desiring to do so as a means of satisfying the owner's obligation under Section 9.03.010 shall obtain a self-hauling permit to do so from the director prior to commencing self-hauling. Any self-hauling authorized shall be in conformance with Section 10 of the WMA ORRO.

B. Term. A permit to self-haul shall be good for one calendar year, or such part of the calendar year that is remaining after the issuance of the permit. All self-haul permits shall expire on December thirty-first, and may be renewed annually. An application for a renewal permit should be filed at least sixty days prior to the expiration date of the permit to allow adequate time for processing, inspection and verifications required to issue the permit.

C. Issuance of permit. Applications for a self-haul permit shall be submitted on an application,

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on a form approved by the director, with all required information supplied. The director shall issue a self-haul permit within ten working days of the receipt of an application deemed complete by the director only if the person requesting a self-haul permit satisfies the following requirements:

1. Produces for inspection the vehicle that such person intends to use for hauling
   waste, and the vehicle meets the following standards: a. The vehicle is capable of safely hauling waste in a safe and sanitary manner so that such matter will not spill, leak, drip, blow, scatter or fall from the vehicle; b. If the vehicle is not fully enclosed, the applicant produces a tarp or other material that will be used to completely secure the materials being self-hauled; and c. The vehicle is operational and meets all applicable Vehicle Code standards.
2. Produces evidence that such person owns or leases the vehicle or has a written agreement to use the vehicle for the hauling of waste;
3. Produces evidence that such person has a valid California driver's license to operate the vehicle produced for inspection and that the vehicle is registered in the State of California;
4. Provides the director with a certificate of automobile insurance for the vehicle;
5. Provides the director with proof that the applicant has containers for the storage of
   waste on the applicant's property before the materials are hauled to a disposal facility; and
6. Pays the fee for a self-hauling permit authorized by resolution of the city council.

D. Operational standards. Self-haul permittees shall comply with the following operational conditions:

1. Permittees must dispose of waste and retain weekly receipts and weight tickets from any
   licensed or permitted landfill or other licensed or permitted disposal facility.
2. Receipts shall be submitted to the city for the preceding one-quarter calendar year on a quarterly basis upon reasonable request by appropriate city authority. Failure to show proof of waste disposal for each week that a person is permitted to self-haul shall constitute a public health and safety nuisance sufficient to permit city to revoke the permittee’s self-hauling permit.
3. Permittees must notify the city of any change in the vehicle being used to haul solid waste by the permittee. Permittees must bring the new vehicle in for an inspection and demonstrate compliance with items 1 through 5 of paragraph C of this section before the new vehicle is used to haul any materials under the permit.
4. Permittee must keep on file with the city copies of the current automobile insurance and registration for the vehicle used to self-haul and the permittee’s current California driver's license. Permittee must provide proof to city of renewed automobile insurance, vehicle registration, and California driver's license within five days of expiration of respective document.
5. Permittees must separate and bag garbage, recyclable material and organic waste capable of being composted.
6. Permittees are liable for any damages and clean-up costs resulting from any solid waste spilling, leaking, dripping, blowing, scattering or falling during the course of the permittees self-hauling activity.

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7. Permittees shall, at such times as the director may specify, report to the city the type, quantity, volume and weight of solid waste to be removed, and shall pay an AB939 information reporting fee, in an amount to be set by the city council by resolution.
8. Permittees shall comply with all requirements of Section 10 of the WMA ORRO.

E. Revocation. The director may revoke the self-haul permit if he or she finds that the permit holder has not complied with the terms of the permit or the conditions of this section. A self-haul permittee may appeal a determination made under this paragraph to the city administrator. In order to appeal, the self-haul permittee shall file a written appeal with the city clerk within 10 days after the determination of the building official, stating the reasons for the appeal and deposit the appeal fee, as set by resolution of the city council. The city administrator may designate a hearing officer for consideration of the appeal. The city administrator, or hearing officer if designated, shall hear the appeal within 30 calendar days of receiving the appeal. The decision of the city administrator or hearing officer shall be final. Upon revocation of the Self-Haul Permit, the director shall order the owner to comply with section 9.03.010. The director shall not, for a period of 12 months following the revocation, grant a Self-Haul permit to a person from whom a self-haul permit was revoked, and, thereafter, the director is authorized in his or her discretion to deny, or impose additional conditions on, the issuance of a self-haul permit to a person from whom a self-haul permit was previously revoked.

For any special event within the city, the party responsible for the special event shall ensure that containers are placed throughout the event to sufficient to make source separation of recyclable materials, organic materials and garbage convenient for the employees, volunteers, contractors, and attendees of the event, and arrange for commingled or source-separated collection and processing of garbage, recycling and organics with the contractor. The party responsible shall arrange for collection and appropriate processing of all garbage, organics and recycling collected during the special event. During the term of any exclusive franchise pursuant to section 9.02.010, the responsible party may use commingled service or source separated collection services from a service provider other than the contractor only with the agreement of the contractor. Such service must also comply with the following requirements:

A. The minimum number of recycling and organic containers must exceed the number of garbage containers. Containers for garbage, organics and recyclables must be collocated throughout the event location to provide equally convenient access to users.

B. All of the containers must have appropriate signage and be color coded to identify the type of materials to be deposited and meet any additional design criteria established by the city.

C. Food vendors must have at least one separate container each for recyclable materials, organic materials and garbage for use by customers and visitors. Multiple food vendors that provide disposable food service ware and share a common eating area may share an appropriate number, size, and placement of containers, located within a reasonable proximity of the vendors.

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D. The types of recyclable materials suitable for deposit into each container must include, at a minimum; plastic bottles and jars, paper, cardboard, glass, newspaper, metal containers, and cans. Each recycling container must be clearly identified as a recycling container and display a list of types of recyclable materials which may be deposited into the container.

(Ord. 763 N.S. 01/2022)

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