Article I

The city council finds that the storage, accumulation, collection, transportation and disposal of solid waste is a matter of great public concern. Improper control of such matters creates a public nuisance, can lead to air and water pollution, fire hazards, illegal dumping, insect breeding, rodent infestation, and other problems affecting the health, safety and welfare of the residents of this and surrounding cities.

The city council also finds that recycling and organic waste programs are necessary for the city to achieve the landfill diversion goals mandated by the state. (Integrated Waste Management Act of 1989, Pub. Res. Code § 40000 and following.) Failure to comply with this mandate exposes the city and its residents to substantial fines and additional costs.

The city council further finds that reduction of solid waste disposed in landfills is a key component of meeting the statewide climate protection mandate (California Global Warming Solutions Act of 2006). Furthermore, AB 341, the Jobs and Recycling Act of 2011, and AB 1826, the Mandatory Commercial Organics Recycling Act of 2014, require businesses and multifamily property owners to arrange for recycling and organic waste services. Additionally, SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, seeks to reduce organic waste in landfills, as a means to reduce methane emissions and to increase edible food recovery to reduce human food insecurity. To that end, the California Department of Resources Recycling and Recovery developed regulations that place requirements on multiple entities, many of which are contained herein. Therefore, in order to protect the public peace, health, safety, and general welfare, to reduce the garbage stream, to reduce methane emissions from landfills, and to comply with state regulations, the city deems it necessary to regulate the separation, collection, disposal and recovery of recyclable materials, organic waste, and garbage as set forth in this chapter. (1991 code § 12-1.1; Ord. 775 § 1, 2003; Ord. 950 § 1 (Exh. 1), 2021)

In this chapter, the following definitions apply:

Act means the California Integrated Waste Management Act of 1989 (commencing with Pub. Res. Code § 40000), as amended, including but not limited to SB 1016 (Chapter 343, Statutes of 2008), AB 341 (Chesbro, Chapter 476, Statutes of 2011), AB 1826 (Chesbro, Statutes of 2014), and SB 1383 (Lara, Chapter 395, Statutes of 2016), and the implementing regulations promulgated by CalRecycle.

Bulky waste means discarded large household appliances (white goods), e-waste (except for universal waste), furniture, tires, carpets, mattresses and similar large items which require special handling due to their size, but can be collected without special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. It does not include abandoned vehicles or household hazardous waste.

CalRecycle means the California Department of Resources Recycling and Recovery.

CCR means the California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

City manager means the city manager of Pleasant Hill or his or her designee.

Collection or collect means the collection of:

• A. Garbage and its transportation to a transfer station or landfill;

• B. Recyclable materials and their transportation to a processing or materials recovery facility; and

• C.

• Organic waste and its transportation to a processing facility.

Commercial or commercial business means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling of five or more units, or as otherwise defined in 14 CCR section 18982(a)(6).

Commercial edible food generator includes a tier one or a tier two commercial edible food generator as defined in 14 CCR sections 18982(a)(73) and 18982(a)(74).

Compost means the product resulting from the managed and controlled decomposition of organic waste that is source separated from the municipal solid waste stream, or which is separated at a centralized facility.

Construction and demolition debris or C&D debris means used or discarded materials resulting from construction, renovation, remodeling, repair, demolition, excavation or construction cleanup operations on any pavement or structure. (See PHMC Chapter 14.40 for regulations.)

Container means an approved container used for the disposal and storage until collection of solid waste, including garbage, organic waste or recyclable materials. It includes a cart, bin, or drop box (or roll-off box, debris box).

Edible food means food intended for human consumption, or as otherwise defined in 14 CCR section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR section 18982(a)(18), edible food is not solid waste if it is recovered and not discarded. Nothing in this chapter or in the SB 1383 regulations require or authorize the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

Enforcement agency means an entity with the authority to enforce part or all of this chapter as specified herein. Employees and agents of an enforcement agency may carry out inspections and enforcement activities pursuant to this chapter. Nothing in this chapter authorizing an entity to enforce its terms shall require that entity to undertake such enforcement except as agreed to by that entity and the city. The city is an enforcement agency for all sections of this chapter. The city may choose to additionally delegate enforcement responsibility for certain sections, to other public entities, including county of Contra Costa.

Enforcement officer means the city manager, county administrative official, chief operating officer, executive director, public works director or other executive in charge or their authorized designee(s) who is/are partially or wholly responsible for enforcing this chapter.

Environmental laws means all federal statutes, state statutes, local ordinances and regulations concerning public health, safety and the environment, including amendments to them. These include (by way of example and not limitation):

• A. The Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42

U.S.C. § 9601 et seq.;

• B. The Resource Conservation and Recovery Act, 42 U.S.C. § 69012 et seq.;

• C. The federal Clean Water Act, 33 U.S.C. § 1251 et seq.;

• D. The Toxic Substances Control Act, 29 U.S.C. § 1601 et seq.;

• E.

  • The Occupational Safety and Health Act, 29 U.S.C. § 651 et seq.;

• F. The California Hazardous Waste Control Act, California Health and Safety Code section 25100 et seq.;

• G. The California Toxic Substances Account Act, California Health and Safety Code section 25300 et seq.;

• H. The Porter-Cologne Water Quality Control Act, California Water Code section 13000 et seq.;

• I. The Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code section 25249.5 et seq.

E-waste means discarded electronic equipment such as stereos, radios, speakers, televisions, computers, monitors, VCRs, printers, copiers, facsimile machines, DVDs, microwaves, telephones and similar items, including cathode ray tubes and other universal waste which require special handling.

Excluded waste means hazardous substances, hazardous waste, infectious waste, designated waste, waste that is volatile or corrosive or medical waste, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from Pleasant Hill and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the reasonable opinion of Pleasant Hill would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Pleasant Hill to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Public Resources Code sections 41500 and 41802. Excluded waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the city's collection programs and the generator has properly placed the materials for collection pursuant to instructions provided by the city or the franchisee providing service to the generator.

Food distributor means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores or as otherwise defined in 14 CCR section 18982(a)(22).

Food recovery organization means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR section 18982(a)(25), including, but not limited to:

• A. A food bank as defined in Health and Safety Code section 113783;

• B. A nonprofit charitable organization as defined in Health and Safety Code section 113841; and

• C. A nonprofit charitable temporary food facility as defined in Health and Safety Code section 113842.

Food recovery service means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR section 18982(a)(26). A food recovery service is not a commercial edible food generator.

Food scraps means all edible or inedible food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, coffee grounds, and eggshells. Food scraps exclude fats, oils, and grease when such materials are source separated.

Food service provider means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR section 18982(a)(27).

Food waste means food scraps and food soiled paper.

Franchise agreement means the agreement for collection services between the city and franchisee granting the exclusive or nonexclusive franchise for the collection of solid waste, including solid waste, organic waste and/or recyclable materials in the city.

Franchisee means a company that has entered into a contractual franchise arrangement with the city for the collection of garbage, organic waste and/or recyclable materials, under a franchise agreement.

Garbage means those elements of the solid waste stream designated for the landfill, and excludes hazardous waste, universal waste, excluded waste, materials designated for the "organic waste container" or "recycling container" or materials which have been separated for reuse.

Garbage container has the same meaning as "gray container" in 14 CCR section18982(a)(28) and shall be used for the purpose of storage and collection of garbage.

Generator means a person or entity that is responsible for the initial creation of solid waste, organic waste or recyclable materials.

Green waste means organic material from trees, shrubs, grass and other vegetation. Trees may not be more than six inches in diameter. Green waste does not include plastic bags, brick, rocks, gravel, large quantities of dirt, concrete, sod, nonorganic wastes, loose fruits and vegetables, tree trunks, stumps, palm fronds, branches more than six inches in diameter or three feet in length, or pet waste.

Hazardous waste means any substance defined, regulated or listed as a hazardous substance, hazardous material, toxic waste, pollutant or toxic substance or similarly identified as hazardous to human health or the environment under any California or federal law or regulation, including the environmental laws. (See also Universal wastes .)

Household hazardous waste means hazardous waste generated at residential sites in the city, including normal residential amounts of household chemicals, pesticides, motor oil, paint, products containing mercury, e-waste categorized as universal waste (such as a television tube or monitor), antifreeze, and lead-acid batteries.

Landfill means a permitted disposal site which accepts solid waste.

Large event means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event, or as otherwise defined in 14 CCR section 18982(a)(38).

Large venue means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility, or as otherwise defined in 14 CCR section 18982(a)(39). For purposes of this chapter and implementation of 14 CCR division 7, chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of SB 1383 regulations, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site is a single large venue.

Local education agency means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR section 18982(a)(40), and which has an on-site food facility.

Materials recovery facility or MRF means a permitted facility where solid waste or recyclable materials are sorted or separated for recycling, reuse or processing.

Medical waste or infectious waste means waste which may cause disease or reasonably be suspected of harboring pathogenic organisms, including waste resulting from medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities, hospitals, and similar facilities processing wastes which may include human or animal parts, contaminated bandages, pathological specimens, hypodermic needles, sharps, contaminated clothing and surgical gloves. (Reference: 17 Cal. Adm. Code 314(d); Health and Saf. Code § 117690.)

Multifamily residential dwelling or multifamily means of, from, or pertaining to residential premises, including apartments, with five or more dwelling units. Multifamily premises are considered a distinct type of commercial business for the purposes of implementing SB 1383 regulations. Consistent with SB 1383 regulations, residential premises that consist of fewer than five units are not "multifamily" and instead are "single-family" for the purposes of implementing this chapter. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

Organic waste means solid waste containing material originated from living organisms and their metabolic waste products, including but not limited to food waste, green waste, landscape and pruning waste, organic textiles and organic carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR section 18982(a)(46).

Organic waste container has the same meaning as "green container" in 14 CCR section18982(a)(29) and shall be used for the purpose of storage and collection of source separated organic waste designated for the organic waste container, including food waste and landscape and pruning waste accepted in the city's curbside organic waste collection program, and other organic materials as determined by the city.

Organic waste generator means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR section18982(a)(48).

Processing facility means a facility to which organic waste, including green waste and food waste, or recyclable materials is brought to be processed (into compost, mulch, or soil amendment), separated, or recycled into other products.

Prohibited container contaminants means the following: (A) materials placed in the recycling container that are not identified as acceptable source separated recyclable materials for the city's recycling container; (B) materials placed in the organic waste container that are not identified as acceptable source separated organic waste for the city's organic waste container; (C) materials placed in the garbage container that are recyclable materials and/or organic waste; and (D) excluded waste placed in any container.

Recyclable materials or recyclables means material that can be separated from waste for the purpose of reusing or returning these materials in the form of raw materials for new, used or reconstituted products that meet the quality standard necessary to be used in the marketplace, or for composting, such as, but not limited to, paper, cardboard, glass, metal and aluminum cans, and plastics.

Recycling center means a facility established and licensed for the collection of recyclable materials, including but not limited to buy-back centers or drop-off locations, which are supplemental to the curbside recycling program operated by a franchisee.

Recycling container means the same thing as "blue container" in 14 CCR section18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.

Residence or dwelling unit means an individual living unit having bathroom and kitchen facilities in a single-family or a multifamily building. It does not include a hotel or motel or an institutional facility.

SB 1383 means Senate Bill 1383 (Lara, Chapter 395, Statutes of 2016).

SB 1383 regulations means or refers to the regulations promulgated by CalRecycle and contained within 14 CCR division 7, chapter 12.

Self-hauler means a person who hauls solid waste, recyclables, or organic waste he or she has generated, using their own equipment and vehicles, to a facility. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR section 18982(a)(66). Backhaul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR section 18982(a)(66)(A).

Single-family means of, from, or pertaining to any residential premises with fewer than five dwelling units.

Solid waste for the purposes of this chapter has the same meaning as defined in Public Resources Code section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition debris, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

• A. Hazardous waste, as defined in the Public Resources Code section40141.

• B. Radioactive waste regulated pursuant to the state Radiation Control Law (Health and Saf. Code chapter 8 (commencing with § 114960) of part 9 of division 104).

• C. Medical waste regulated pursuant to the state Medical Waste Management Act (Health and Saf. Code part 14 (commencing with § 117600) of division 104). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Public Resources Code section40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Public Resources Code division30.

Source separated organic waste means those organics that can be placed in an organic waste container including food scraps, food soiled paper, and green waste if accepted by the city's organic waste collection program. Compostable plastics are not source separated organic waste unless otherwise accepted by the franchisee.

Source separated recyclable materials or recyclable materials means, for the purposes of this chapter, materials capable of being recycled and placed in a recycling container, including but not limited to glass and plastic bottles, aluminum, tin and steel cans, metals, unsoiled paper products and printing and writing paper and cardboard, and any other items as determined by the city. Compostable plastics are not source separated recyclable materials unless otherwise accepted by the franchisee.

Tier 1 commercial edible food generator means a commercial edible food generator that is one of the following:

• A. Supermarkets with gross annual sales of $2,000,000 or more, or as defined in 14 CCR section 18982(a)(71).

• B. Grocery store with a total facility size equal to or greater than 10,000 square feet, as defined in 14 CCR section 18982(a)(30).

• C.

  • Food service provider.

• D.

  • Wholesale food vendor.

• E. Food distributor.

Tier 2 commercial edible food generator means a commercial edible food generator that is one of the following:

• A. Restaurant which has 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

• B. Hotel with an on-site food facility and 200 or more rooms or as otherwise defined in 14 CCR section 18982(a)(74)(B).

• C. Health facility with an on-site food facility and 100 or more beds, or as otherwise defined in 14 CCR section 18982(a)(73)(C).

• D. Large venue.

• E. Large event.

• F. A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

• G. Local education agency.

Transfer station means a facility used to receive solid wastes, temporarily store or process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport.

Universal wastes are hazardous wastes that are more common and pose a lower risk to people and the environment than other hazardous wastes. (22 CCR division 4.5, chapter 23.) They include, for example: mercury thermostats, switches and thermometers; batteries; fluorescent and high-intensity lamps; nonempty aerosol cans; certain consumer electronic devices; and cathode ray tubes such as those found in televisions and nonflat monitors.

White goods means inoperative or discarded refrigerators, ranges, water heaters, freezers, washers, dryers, and other similar large household appliances. (See also Bulky waste .)

Wholesale food vendor means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR section 18982(a)(76))

(1991 code § 12-1.2; Ord. 775 § 1, 2003; Ord. 950 § 1 (Exh. 1), 2021)