Pittsburg Municipal Code Art. III Storage, Collection And Disposal Of Refuse

A. A property owner or occupant of a premises within the city where refuse is produced or accumulates shall obtain and maintain carts or containers for receiving and holding, without leakage or escape of odors, all refuse which is produced or accumulated upon the premises. All carts and containers shall be kept on their premises, and the area in which they are located, in a good, usable, clean and sanitary condition at all times. The carts and containers shall be located in such places on the premises as to be readily accessible for removing and emptying and the property owner or occupant shall ensure that the lids or covers are kept closed, that refuse is not placed outside the cart or container, and that carts or containers do not leak or spill.

B. Property owners or occupants of a commercial premises shall use a cart or container provided by the collection contractor for receiving and holding all refuse produced, created, or accumulated upon said premises. All containers shall be kept in a sanitary condition at all times and the property owner or occupant shall ensure that the lids or covers are kept closed, that refuse is not placed outside the container, and that the containers do not leak or spill. Upon written notification from the city that containers are being maintained in a hazardous or offensive condition, they shall be relocated immediately by the property owner or occupant. Failure to relocate the containers following notice shall be unlawful and constitute an infraction, punishable as specified in Article V of this chapter.

C. A property owner or occupant leasing a residential premises shall provide and keep carts for refuse as defined in this chapter and determined by the city and collection contractor for each household residing on the leased premises.

D. A property owner or occupant leasing a commercial premises shall provide and keep containers as defined in this chapter so that there is adequate space to store the volume of containers required by the city of Pittsburg Trash and Recycling Enclosure Guidelines for all the refuse created, as determined by the city or collection contractor.

E. No property owner or occupant may deposit prohibited waste materials in the carts or containers.

F. A property owner or occupant may not:

1. Allow refuse to be scattered about the premises;

2. Allow the contents of a cart of container to exceed 75 pounds in weight;

3. Present for collection refuse which is packed into carts or containers so that the refuse will not fall out of the cart or container when it is upended;

4. Allow any cart or container to remain uncovered whenever any refuse is in it;

5. Store carts, containers, Schedule A1 prohibited waste material or Schedule A2 prohibited waste material on days other than collection day, in a refuse storage location that is noncompliant with this section and subsection (C) of this section and PMC § 8.04.080. Refuse storage locations shall be screened from public view. For purposes of this section, "screened" means blocked from public view from the street or public right-of-way with a permanent fence, enclosure, landscaping, or other comparable facility as specified by the city. Refuse storage locations shall be maintained in a good, usable, clean and sanitary condition at all times.

G. Owners and occupants of commercial premises shall place and maintain all containers in a code compliant location readily accessible to the collection contractor but shall not be placed within the limits of any street or other public place or in such a place or manner as to constitute either a fire hazard or a public nuisance. The property owner or occupants of a commercial premises shall keep their containers in a location not visible from the public right-of-way unless approved by the city.

(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)

A. Green cart or container waste as defined in PMC § 8.06.030 produced from the premises shall be presented for collection on the street in front of the generator's dwelling or place of business in either a cart, container, or sealed plastic bag. Tree and bush branches shall be assembled in tied bundles. The bundles shall not exceed 75 pounds in weight or five feet in length or two feet in diameter.

B. Schedule A1 prohibited waste materials produced from the premises shall be presented for collection at the collection station the night prior to a scheduled special collection service as described in PMC § 8.04.130.

C. Schedule A2 prohibited waste materials produced from the premises shall be presented for collection as designated by the collection contractor for the special curbside waste program in front of the generator's house or place of business the night prior to a scheduled special curbside waste program pickup as described in PMC § 8.04.130. All Schedule A2 prohibited waste shall be contained in a labeled plastic bag or oil container provided by the collection contractor.

D. On-demand programs shall only be provided by the collection contractor as directed by the city to enhance the collection of refuse in the city.

(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)

A. A property owner or occupant shall not (1) allow prohibited waste material as defined in PMC § 8.04.030(Q) to remain scattered about the premises in an unsightly and unsanitary manner, (2) deposit such prohibited waste materials upon other premises unless for the purpose of collection as described in PMC § 8.04.060, (3) deposit such prohibited waste materials in provided carts or containers, or (4) otherwise store or allow prohibited waste materials to accumulate on a premises within the city, except the officially designated disposal area, unless a special permit is obtained from the city council.

B. Schedule B prohibited waste materials shall be stored and disposed of pursuant to PMC § 8.04.090.

(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)

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

B. No property owner, occupant, or permittee shall cause contamination as defined in PMC § 8.04.030 of carts or containers. All property owners, occupants, and permittees shall separate their refuse according to its characterization as black, green, or blue cart or container waste, and place each type of refuse in a separate cart or container designated for disposal of that type of refuse. No property owner, occupant, or permittee may mix any type of refuse, or deposit refuse of one type in a cart or container designated for refuse of another type, except as otherwise provided in this chapter. This section does not prohibit any property owner or occupant from engaging in home composting.

(Ord. 21-1489 § 1, 2021)

A. Property owners and occupants of any premises in the city shall use a cart or container provided by the collection contractor or specified by the city and/or collection contractor for receiving and holding all of the refuse produced, created, or accumulated upon said premises. No cart or container, other than one owned by the city or collection contractor, shall be placed or kept at the collection station on collection day.

B. Property owners and occupants shall ensure that cart and container lids are kept closed, that refuse is not placed outside the cart or container except in compliance with PMC § 8.04.060, and that carts, containers, and bundles do not leak or spill.

C. Other than the specified collection station on collection days, no cart or container shall be placed or kept in or on any sidewalk, footpath or any public place, or remain in public view from any public right-of-way. No person shall place a cart or container so that either the sidewalk or street gutter is obstructed.

D. On collection day, carts and containers shall be located at the collection station readily accessible for removing and emptying.

E. Upon written notification from the collection contractor or the city that carts or containers are not being maintained according to this chapter, they shall be relocated immediately by the property owner or designated occupant as described in PMC § 8.04.210.

(Ord. 18-1449 § 5, 2018; Ord. 21-1489 § 1, 2021)

A. No person or entity shall engage in the business of collecting refuse within the city, or haul refuse through a street or public right-of-way in the city, unless that person or entity has been granted a franchise or license to do so by the city. However, the Property owner or occupant of a premises may transport excess refuse produced on its own premises to the disposal area, subject to the requirements of PMC § 8.04.140, pertaining to refuse transportation.

B. A property owner or occupant shall not store any solid waste in any type of cart, container, debris box, or similar type equipment, from any person or entity other than the collection contractor, including without limitation, any unauthorized haulers.

C. It is unlawful for any person or entity to interfere in any manner with the lawful operations and franchise rights granted to the collection contractor.

D. Schedule B prohibited waste material shall be disposed of at the Delta Diablo Household Hazardous Waste Facility located at 2500 Pittsburg-Antioch Highway in Antioch, CA 94565. Generators of Schedule B prohibited solid material may self-haul these materials from the premises of generation to this disposal area but must adhere to the provisions of PMC § 8.04.140.

(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)

After notice given under California Government Code Section 6066 and after a public hearing is held, the city council may provide for the collection of refuse within the city by the issuance of one or more exclusive franchises or licenses to private collection contractors. The terms and conditions, not inconsistent with this chapter, under which the collection contractor may be required to collect and dispose of refuse and the payment to be made to the collection contractor shall be specified in the applicable franchise or license. The franchise or license shall be authorized by resolution of the city council.

(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)

Refuse shall be collected by the collection contractor from every occupied residential premises once each week, and from each commercial premises with such frequency as an enforcement official may require for sanitary reasons. Organic refuse as defined in PMC § 8.09.030 shall be collected from the collection station once each week or with such frequency as the code enforcement officer or the fire chief may reasonably require for sanitary or fire prevention reasons.

(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)

Solid waste may be collected only between the hours of 4:00 a.m. and 4:00 p.m., Monday through Saturday, inclusive. A regular collection of refuse may be made on Sunday in each business district zoned for and predominantly used by commercial establishments.

(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)

A. The collection contractor is not required to (1) close gates which must be opened to obtain access to a collection station, (2) replace a cover on the cart or container after emptying it, or (3) pick up refuse which has been scattered on the premises by another.

B. Carts and containers shall be placed at the collection station for collection not earlier than 5:00 p.m. on the day preceding the day of collection and not later than 4:00 a.m. on collection day.

C. Schedule A1 and A2 prohibited waste materials shall be placed at the collection station for collection not earlier than 5:00 p.m. on the day preceding the scheduled special collection service or special curbside waste program day as applicable, and not later than 4:00 a.m. on the scheduled collection day.

D. Property owners and occupants shall remove carts or containers from the street no later than 8:00 p.m. on the date of collection.

E. No property owner or occupant shall place Schedule B prohibited waste material at the collection station or elsewhere for collection, except as allowed in PMC § 8.04.070.

(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)

A. Each collection contractor vehicle used for hauling refuse within the city shall be of such construction as to comply with all applicable laws, rules and regulations of California, and shall be of a type and construction to prevent leakage or overflow. All refuse in such vehicle shall be completely covered when in route from the last collection station to the disposal area to prevent any refuse from spilling or blowing from the vehicle.

B. Each vehicle not belonging to the collection contractor permitted to haul solid waste within the city shall be of such construction as to comply with all laws, rules and regulations of California, and shall be of a type and construction to prevent leakage or overflow. All solid waste in such vehicle shall be completely covered when in route from the last collection station to the disposal area to prevent any solid waste from spilling or blowing from the vehicle.

(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)

A. Schedule A1 prohibited waste material shall be the subject of a special collection service by the collection contractor upon request of the property owner or occupant of a premises.

B. Property owners or occupants shall be responsible for requesting and paying the collection contractor for a special collection service. The collection contractor is not required to make a special collection service. The collection contractor shall provide rate information before performing the special collection service and complete the special collection service within 48 hours of receipt of the request, excluding Saturdays, Sundays and holidays, unless otherwise requested by the property owner or occupant. The rate information provided by the collection contractor for special collection service are subject to approval by the enforcement official upon request of the property owner or occupant, under PMC § 8.04.180(B).

C. Schedule A2 prohibited waste material shall be the subject of the special curbside waste program.

D. Collection per the special curbside waste program occurs upon a property owner or occupant's request to the collection contractor. The collection contractor shall complete the special curbside waste program collection within 48 hours of receipt of the request, excluding Saturdays, Sundays and holidays unless otherwise requested by the property owner or occupant.

(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)

A. Dead animals shall be disposed of by the animal control director of the county as provided in Chapter 416-12 of the Contra Costa County Code.

B. No person may deposit or place a dead animal upon or in the ground or upon the tidelands within the city limits.

(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)

All refuse upon being moved by the collection contractor from the premises where produced becomes the property and responsibility of the collection contractor. All refuse taken to the disposal area by the occupant of the premises upon which the refuse was produced, shall, upon its delivery to the disposal area, become the property and responsibility of the operator of the disposal area.

(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)

A. The property owner or designated occupant as described in PMC § 8.04.210 of every residential premises in the city shall pay for residential premises refuse collection service, except as provided in PMC § 8.04.220. The city council shall fix residential premises refuse collection charges by resolution.

B. The property owner and/or occupant of every commercial premises in the city shall pay for commercial premises refuse collection service pursuant to the mutually agreed upon refuse collection rates between the property owner and/or occupant of the commercial premises and the collection contractor.

C. The charge for a special collection service, for an additional cart or container, or for a collection more often than once a week or frequency established by PMC § 8.04.110 shall be by agreement between the collection contractor and the property owner or occupant requesting the special services. If a dispute arises over the cost between the collection contractor and property owner or occupant, the dispute shall be resolved by the enforcement official. The enforcement official's decision may be appealed to the city council in the manner provided in PMC § 8.04.220(B).

(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)

A. All money collected by the city from the collection contractor relating to the refuse collection charges pursuant to a franchise or contract between the city and the collection contractor shall be credited to a special revenue account and shall be deposited in the general fund.

B. The city council may provide by franchise or contract that payment shall be made to the collection contractor no more frequently than twice a month. Payments to the collection contractor shall be made, in accordance with the terms of the franchise or contract, without prior city approval of each payment.

C. In the case of payments made to the city, the finance director shall make periodic reports of the payments as directed by the city council.

(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)

If the city council issues a franchise or license to a collection contractor, the collection contractor charges to the property owner or designated occupants as defined by PMC § 8.04.210 of the premises shall be paid directly to the collection contractor rather than to the city.

(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)

A. Notwithstanding any other provisions of this chapter, the collection contractor shall assume full responsibility for the collection of refuse payment from each customer. Any property owner who has transferred the obligation to subscribe and pay for collection and disposal of refuse to another person or entity is liable to the collection contractor for unpaid charges.

B. If a customer who is not the property owner vacates the premises, the mandatory subscription for collection and disposal services will be assigned to the property owner, except as provided in Article II of this chapter. The property owner may not transfer the obligation to subscribe and pay for collection and disposal of refuse to another person until any unpaid balance is paid in full. Failure or refusal to pay collection and disposal service charges when due may result in immediate termination of collection service.

(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)

A. The city manager may reduce or eliminate the refuse collection fee for occupied residential premises where the property owner or occupant can detail, in writing, the extraordinary circumstances which reduce the need for refuse collection substantially below that required by the average similar premises within the city.

B. Upon receipt of the complaint, the enforcement official shall direct the collection contractor to make an investigation and written report within 30 days. The collection contractor report shall include findings and recommendations whether the fee should be reduced, eliminated or remain unchanged.

C. After reviewing the report and making any further investigation considered necessary, the enforcement official shall notify the complainant and the collection contractor in writing and within 45 days of the original complaint of the city's manager's decision.

D. Either the complainant or the collection contractor may appeal the enforcement official's decision by filing a written notice of appeal with the city clerk within 15 days after notification of the decision. The city council shall hear the appeal after notice of the hearing date has been mailed to complainant and the collection contractor at least 10 days before the hearing date. The city council's decision is final.

(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)

A. The enforcement official may either:

1. Designate an official disposal area for the disposal of refuse collected from within the city; or

2. Designate as the official disposal area for the city a disposal area provided by another; or

3. Designate an official disposal area in areas of the city to contain carts, containers, or compactors as deemed necessary for the storage of refuse materials; or

4. By franchise agree to the use of a disposal area designated by the franchised or licensed collection contractor.

B. The city may designate the location of the official transfer station in Contra Costa County which must be used for all refuse collected from within the city prior to its transport to the appropriate disposal area.

(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)

A. The city council may by resolution or by franchise provide for the designated disposal area to be operated by a city department, by a franchised or licensed collection contractor, by another independent contractor or by another public agency.

B. The designated disposal area used for the disposal of refuse originating in the city must be operated in compliance with all applicable statutes, orders and regulations of California, the county and other public agency having jurisdiction. If a disposal area inside the city is designated for use, the city council shall prescribe specific regulations to ensure a safe and sanitary operation which will not be detrimental to surrounding property.

(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)

A. Owners and occupants of premises in the city may haul their own solid waste to the disposal area in the city, a source separating operation as specified by the city or collection contractor, or in the case where the items being hauled are not acceptable by a disposal area in the city, a disposal area outside the city appropriate for accepting the hauled solid waste specified by the city or collection contractor from their own premises in addition to the refuse collection service provided by the collection contractor.

B. Owners or occupants must obtain approval to haul solid waste to a source separation operation other than the Contra Costa Waste Services Recycling Center and Transfer Station prior to removing the solid waste from the premises.

C. Owners and occupants shall source separate the hauled solid waste to the best of their ability, and to the extent possible, keep and share with the city a record of the amount of organics as defined by PMC § 8.09.030 delivered to each disposal area.

D. Owners or occupants shall subscribe with the collection contractor as provided by PMC § 8.04.280.

(Ord. 997 § 1, 1990; Ord. 1032 § 1, 1992; Ord. 21-1489 § 1, 2021)

No person may burn solid waste within the city, except as permitted by the Bay Area Air Quality Management District or its successor.

(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)

No person may deposit solid waste or allow the collection of solid waste to remain in any public street, highway, right-of-way, watercourse, waterway, levee or bank of a watercourse or waterway, or upon any public premises.

(Ord. 997 § 1, 1990; Ord. 21-1489 § 1, 2021)

A. No person or entity shall tamper with, modify, scavenge from or deposit any type of solid waste in any cart or container which is not provided for the use of that person, without the permission of the collection contractor and the property owner or occupant responsible for payment of the fees pursuant to this chapter.

B. No person or entity other than the collection contractor shall collect any type of refuse originating from any premises or any disposal area within the city.

(Ord. 21-1489 § 1, 2021)

A. The permittee of a special event held in the city must provide a level of refuse service sufficient to contain the refuse generated at the special event.

B. The permittee shall provide carts or containers at appropriate locations at the special event to facilitate the source separation of rubbish, organic refuse as defined by PMC § 8.09.030, and recyclable refuse as defined by PMC § 8.06.030 by event employees, vendors, and attendees.

C. The three types of carts or containers shall:

1. Be appropriate in number and size with respect to the quantity of refuse, anticipated to be generated at the premises;

2. Bear appropriate signage and be color-coded – blue carts or containers for recyclable refuse, green carts or containers for organic refuse, and black carts or containers for rubbish – to identify the type of refuse to be contained and meet any additional design criteria established by the city; and

3. Be placed together at a location that provides equally convenient access to users.

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

(Ord. 21-1489 § 1, 2021)