Pleasant Hill Municipal Code § 13.10.030 Mandatory collection service

It is mandatory that:

A. Each owner or occupant of a single-family or multifamily residence subscribe with a franchisee for collection of garbage, recyclable materials and organic waste, and meet the requirements included in PHMC §§ 13.10.035 and 13.10.036.

B. Each commercial business subscribe with a franchisee for collection of garbage, recyclable materials and organic waste, and meet the requirements included in PHMC §§ 13.10.035 and 13.10.036.

(1991 code § 12-2.1; Ord. 775 § 1, 2003; Ord. 950 § 1 (Exh. 1), 2021)

A. Types of containers. Each franchisee shall provide containers, including recycling containers, organic waste containers and garbage containers. The containers shall meet the standards set forth in the franchise agreement and the standards contained in the SB 1383 regulations. Each franchisee shall make available appropriate-sized containers for generators based on the amount of waste generated.

B. Weekly collection. Generators shall place garbage, recyclable materials and organic waste in designated recycling containers, organic waste containers and garbage containers and each franchisee shall collect containers at least once a week, or less often as provided in a franchise agreement, or more often as requested for a commercial or multifamily premises. The Contra Costa County health department may require a greater number of collections per week for certain commercial premises.

C. Generators shall:

1. Maintain for such residence or commercial premises separate containers, supplied by the franchisee, for the collection and disposal of garbage, recyclable materials, and organic waste. Generators shall arrange for a sufficient number of such containers or pickups to adequately store all garbage, recyclable materials and organic waste generated in connection with the residence or commercial business between the times designated for collection. The city shall have the right to review the number and size of containers and the frequency of collection for adequacy. Generators shall adjust service levels for their collection services as requested by the city in order to meet the standards set forth in this chapter. Generators may manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR section 18984.9(c) to the extent permitted by other applicable laws.

2. Participate in the collection services provided by the city's franchisee, by placing designated materials in designated containers as described below, and not placing prohibited container contaminants in collection containers. Generators shall place organic waste, including food waste, in the organic waste container, recyclable materials in the recycling container; and garbage in the garbage container. Generators shall not place materials designated for the garbage container in the organic waste container or the recycling container.

3. Maintain garbage containers, recycling containers and organic waste containers in a sanitary condition at all times. No generator shall fill any container above the top so as to permit the contents to be blown or otherwise strewn about. Standard containers shall not exceed the weight limit established by each franchisee.

4. Maintain the containers on their premises, and the area in which they are located, in a good, usable, clean and sanitary condition. The generator shall ensure that the lid or cover is kept closed, that the materials are not placed outside the container, and that containers do not leak or spill.

(Ord. 950 § 1 (Exh. 1), 2021)

A. Single-family generators shall place containers at the curb for collection only on the collection day before 6:00 a.m., or the night before after sunset. Generators shall remove containers from the curbside by 12:00 midnight on collection day. Generators using carts for collection shall place the carts on the street against the curb, in front of the premises, or in an alternate location approved by a franchisee, which does not interfere with passage on the street or sidewalk. A single-family generator may arrange with a franchisee for backyard or side yard service under the terms of a franchise agreement. Residential generators shall keep their containers in a location not visible from the public right-of-way.

B. Multifamily and commercial premises using bin or debris box service shall place those containers in an enclosure designed for this purpose, which conforms to the requirements of PHMC § 18.50.070.

C. Containers must comply with current California Fire Code requirements regarding combustible materials (§ 304, Combustible Waste Material, particularly § 304.3).

D. It shall be the responsibility of the single-family property owner or commercial business owner whose garbage container, organic waste container or recycling container was not collected because it contained prohibited container contaminants to properly separate those materials and place them in their designated containers.

E. Failure to collect. If containers placed for collection are not collected at the scheduled time, the generator or property owner shall promptly notify the appropriate franchisee. If a franchisee intentionally does not collect the contents of a container because of improper placement of the container, prohibited container contaminants, or other reason, a franchisee's agent shall keep a record and leave a written explanation on the container, on the collection day.

F. Excess materials. Generators are responsible for separately arranging for the collection of excess or bulky waste.

G. Commercial generators shall also:

1. Commercial generators including multifamily residential dwellings shall supply and allow access to adequate number, size and location of containers for employees, contractors, tenants, and customers or, if self-hauling, comply with 14 CCR section 18988.3 and PHMC § 13.10.040.

2. Commercial generators that are not multifamily residential dwellings shall provide containers for the collection of organic waste and source separated recyclable materials generated by that business in all areas, both inside and outside, where the commercial business provides disposal containers for employees, contractors, tenants, customers and other users of the premises ("user disposal containers"). Such user disposal containers do not need to be provided in restrooms. If a commercial business does not generate, or has a waiver pertaining to, any of the materials that would be collected in one type of user disposal container, then the business does not have to provide that particular type of container in all areas where user disposal containers are provided. Pursuant to 14 CCR section 18984.9(b), the user disposal containers provided by the business shall have either:

a. A body or lid that conforms with the following container colors, with either lids conforming to these color requirements or bodies conforming to these color requirements, or both lids and bodies conforming to these color requirements: gray or black containers for garbage, blue containers for source separated recyclable materials, and green containers for source separated organic waste. Notwithstanding the foregoing, a commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this section prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first; or

b. Container labels that include language or graphic images, or both, indicating the primary materials accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. The container labeling requirements are required on new containers commencing January 1, 2022.

3. Excluding multifamily residential dwellings, to the extent practical through education, training, inspection, and/or other measures, commercial businesses shall prohibit employees from placing materials in a container not designated for those materials.

4. Excluding multifamily residential dwellings, commercial businesses shall periodically inspect containers for prohibited container contaminants and inform employees (for commercial businesses) if containers are contaminated and of the requirements to keep prohibited container contaminants out of those containers pursuant to 14 CCR section 18984.9(b)(3).

5. Commercial businesses shall annually provide information to employees, contractors, tenants, building residents, and customers about organic waste recovery requirements and about proper sorting of container materials. A copy of such instructions shall be provided to the city manager, and/or his or her designee, upon request.

6. Commercial businesses shall provide information before or within 14 days of new occupation of the premises to new tenants that describes requirements to source separate materials in the container.

(Ord. 950 § 1 (Exh. 1), 2021)

A. De minimis waivers for organic waste containers. The city manager or his or her enforcement agency may waive a commercial business's obligation to comply with some or all of the organic waste collection service requirements of this chapter if documentation is provided demonstrating that the commercial business generates a de minimis amount of organic waste as described below. A commercial business requesting a de minimis waiver shall:

1. Submit an application on a city form to the city manager or his or her enforcement agency specifying the service or requirements for which it is requesting a waiver. Applicant must supply all required proof of qualifications in writing together with the application submittal. Applicants are subject to one or more site inspection(s) prior to approval of a waiver.

2. Commercial businesses shall provide documentation with the de minimis waiver application that either:

a. The commercial business's total solid waste collection service is two cubic yards or more per week and disposed organic waste subject to collection in a recycling container or organic waste container comprises less than 20 gallons per week per applicable container of the business's total solid waste; or

b. The commercial business's total solid waste collection service is less than two cubic yards per week and disposed organic waste subject to collection in a recycling container or organic waste container comprises less than 10 gallons per week per applicable container of the business's total solid waste;

c. For the purposes of subsections A.2.a and b of this section, total solid waste shall be the sum of weekly garbage container waste, source separated recyclable materials, and source separated organic waste container organic waste measured in cubic yards.

B. Physical space waivers. The city manager may waive a commercial business's or property owner's obligation to comply with some or all of the organic waste collection service requirements of this chapter if the city manager or enforcement agency has evidence from franchisee, licensed architect, licensed engineer, or city staff demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection service requirements of PHMC § 13.10.035.

A commercial business or property owner requesting a physical space waiver shall:

1. Submit an application on a city form to the city manager or enforcement agency specifying the service or requirements for which it is requesting a waiver.

2. Provide documentation with the application for a physical space waiver that the premises lacks adequate space for collection containers, which shall include documentation from its franchisee, licensed architect, licensed engineer, or city staff.

C. Approval of waivers.

1. If a de minimis or physical space waiver is granted, the commercial business or property owner, as applicable, must notify the city manager or enforcement agency if the physical space configurations or amounts of organic waste generated changes, in which case the waiver may be rescinded.

2. If a physical space waiver is granted, provide written verification to the city manager or enforcement agency of continued eligibility for a physical space waiver every five years.

3. Commercial businesses or property owners must provide the city's written approval of the waiver when requesting that the franchisee terminate container collection services or when the city manager or enforcement agency requests verification.

(Ord. 950 § 1 (Exh. 1), 2021)

Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR section 18991.3.

Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities, as defined in Health and Safety Code section 113789, operating at the large venue or large event to comply with the requirements of this section.

Commercial edible food generators shall comply with the following requirements:

A. Arrange to safely recover for human consumption the maximum amount of edible food that would otherwise be disposed.

B. Enter into a contract or other written agreement with: (1) food recovery organizations or food recovery services for the collection for food recovery of edible food that would otherwise be disposed of; or (2) food recovery organizations for the acceptance of edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

C. Not intentionally donate food that has not been prepared, packaged, handled, stored and/or transported in accordance with the safety requirements of the California Retail Food Code.

D. Not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

E. Allow the city to review the commercial edible food generator's records, including contracts, upon request, by providing electronic copies or allowing access to the premises, pursuant to 14 CCR section 18991.4.

F. A commercial edible food generator shall keep records that include the following information, or as otherwise specified in 14 CCR section 18991.4:

1. A list of each food recovery service or food recovery organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR section 18991.3(b).

2. A copy of all contracts and written agreements established under 14 CCR section 18991.3(b) and/or this chapter.

3. A record of the following information for each of those food recovery services or food recovery organizations:

a. The name, address and contact information of the food recovery service or food recovery organization.

b. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

c. The established frequency that food will be collected or self-hauled.

d. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

G. Tier one commercial edible food generators and tier two commercial edible food generators shall provide, upon request, a food recovery report to the city that includes the information in subsection F of this section within 60 days of the request.

(Ord. 950 § 1 (Exh. 1), 2021)

A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR section 18991.5(a)(1):

1. The name, address, and contact information for each commercial edible food generator from which the food recovery service collects edible food.

2. The quantity in pounds of food collected from each commercial edible food generator per month.

3. The quantity in pounds of edible food transported to each food recovery organization per month.

4. The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.

B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR section 18991.5(a)(2):

1. The name, address, and contact information for each commercial edible food generator from which the food recovery organization receives edible food.

2. The quantity in pounds of food received from each commercial edible food generator per month.

3. The name, address, and contact information for each food recovery service that the food recovery organization receives edible food from for food recovery.

C. Food recovery organizations and food recovery services that have their primary address physically located in the city of Pleasant Hill and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR section 18991.3(b) shall report to the city, or its designated enforcement agency, the total pounds of edible food recovered from the tier one and tier two commercial edible food generators they have established a contract or written agreement with (regardless of whether those generators are located in the city of Pleasant Hill) pursuant to 14 CCR section 18991.3(b) according to the following schedule: (1) no later than August 15, 2022, submit an initial report covering the period of January 1, 2022, to June 30, 2022; and (2) no later than March 31, 2023, and no later than every March 31st thereafter, submit a report covering the period of January 1st to December 31st of the previous calendar year.

D. In order to support edible food recovery capacity planning assessments and similar studies, food recovery services and food recovery organizations operating in the city of Pleasant Hill shall provide, upon request, information and consultation to the county or city, regarding existing, or proposed new or expanded, food recovery capacity in a form that can be provided to or that can be accessed by the city. A food recovery service or food recovery organization contacted by an enforcement agency designated by the city shall respond to such request for information within 60 days, unless a shorter time frame is otherwise specified by the enforcement agency.

(Ord. 950 § 1 (Exh. 1), 2021)

Generators may dispose of garbage, recyclable materials or organic waste generated at their own premises with their own vehicle(s) and equipment as a self-hauler. However, a single-family property owner or commercial business owner may not employ or transact with any person or entity other than the franchisee, to dispose of garbage, recyclable materials or organic waste.

A self-hauler shall dispose of garbage at a landfill or permitted transfer station, recyclable materials at a facility that recovers those materials and organic waste at a facility that recovers those materials.

A generator who disposes of his or her own garbage, recyclable materials or organic waste under this section does not receive a reduction in the subscription rate, unless a specific waiver applies under PHMC § 13.10.037.

Self-haulers of organic waste must also meet the following requirements:

A. Source separate all recyclable materials and organic waste (materials that the city otherwise requires generators to separate for collection in the city's organic waste and recycling collection program) from garbage in a manner consistent with 14 CCR sections 18984.1 and 18984.2.

B. Haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste in compliance with applicable law.

C. Self-haulers that are commercial businesses (including multifamily residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the city. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the waste.

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

3. If the material is transported to an entity that does not have scales on site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the facilities and/or entities that received the organic waste.

D. Self-haulers that are commercial businesses (including multifamily residential dwellings) shall provide this information, upon request, to the city manager or his or her designated enforcement officer. Self-haulers shall provide the requested information within 60 days.

E. Landscapers, who are providing service to their customer and desire to self-haul organic waste generated by the landscaper's services at a customer's site, must also meet the requirements in this section. They must haul source separated organic waste to a facility that recovers source separated organics.

F. A single-family organic waste generator that self-hauls organic waste is not required to record or report this information.

(Ord. 950 § 1 (Exh. 1), 2021)

A. Ownership. The waste generator owns the garbage, recyclable materials and organic waste until it is placed in a container for collection. Once the garbage, recyclable materials or organic waste is placed in the collection container at the curbside or other authorized location, it becomes the property of the franchisee. The city reserves the right to assert ownership or right to possession of garbage, recyclable materials or organic waste placed for collection, if it determines the franchisee is in breach of a franchise agreement.

(Formerly 13.10.040; 1991 code § 12-2.2; Ord. 775 § 1, 2003; Ord. 950 § 1 (Exh. 1), 2021)

A. Handling of containers and unlawful collection.

1. No person other than the city and franchisee may place a recycling, organic waste or garbage container within the city, except as expressly authorized by this chapter.

2. No person shall move, remove or interfere with a recycling, organic waste or garbage container or its contents, other than the generator or a franchisee. No person shall get into or be inside a container.

3. No person may tamper with, modify, scavenge from or deposit garbage, recyclable materials or organic waste in a container that has not been provided by a franchisee for his or her use, without the permission of the occupant of the premises where the container is located.

4. No person may collect the recyclable materials or organic waste from residential or commercial premises or posted recycling centers in the city, except as allowed under PHMC § 13.10.060.B.

5. It is unlawful for any person to hinder, threaten, impede or obstruct a franchisee in the performance of its duties under this chapter.

B. Littering and unlawful disposal.

1. No person may deposit garbage, recyclable materials or organic waste upon any street, lot or vacant area, or other public place other than as provided in this chapter. Each property owner is responsible for the containers located on his or her property and for any spillage from containers before collection.

2. No person shall allow the accumulation of garbage, recyclable materials or organic waste on his or her premises, other than in a container collected at least weekly. No waste generator may allow the waste to enter into drainage systems, sewers or waters. No person may burn or bury waste.

(1991 code § 12-2.3; Ord. 775 § 1, 2003; Ord. 950 § 1 (Exh. 1), 2021)

A. Unlawful collection. It is unlawful for a person to collect and transport garbage, recyclable materials, or organic waste within the city unless the person is a franchisee, or the garbage, recyclable materials or organic waste are exempt under this section.

B. Exemptions. The exemptions are:

1. Green waste removed from premises by a gardening, landscaping, or tree-trimming contractor as an incidental part of a total gardening and landscaping service offered by that contractor. Landscapers must meet self-haul requirements in PHMC § 13.10.040.

2. Tree trimmings and green waste generated at parks or city facilities which is chipped and used at city facilities for landscaping.

3. Organic waste used by the waste generator at the premises where the waste is generated for composting or mulching or taken to a community composting center.

4. Any material which the generator sells or disposes of for compensation (net of any charges for collection).

5. Recyclable materials which are donated (other than for commercial processing for reuse recycling).

6. Source separated recyclable materials delivered for recycling to a state-permitted facility by the resident or business owner in his or her own vehicle.

7. Containers delivered for recycling under the California Beverage Container Recycling Litter Reduction Act (California Pub. Res. Code § 14500 et seq.).

8. Garbage, recyclable materials (including construction and demolition debris), or organic waste removed from a premises by the waste generator and transported personally by the owner or occupant using their own vehicles and equipment to a landfill, materials recovery facility, processing facility, or recycling center. This must also meet self-hauler requirements noted in PHMC § 13.10.040.

9. Construction and demolition debris (including excavated soils) removed from a premises by a licensed contractor as an incidental part of a total service offered by that contractor (rather than as a transportation service or a clean-up and transportation service), and transported in the contractor's own vehicle. (See management plan requirements at PHMC Chapter 14.40.)

10. Excavated soil.

11. Byproducts of state-permitted (a) sewage treatment, including sludge, grit and screenings, and (b) stormwater treatment, including screenings, sediment, litter and soluble hazardous materials.

12. Hazardous waste (other than de minimis quantities of household hazardous waste, liquid and dry caustics, acids, medical waste, flammable materials, explosive materials, insecticides and similar substances).

13. Medical waste, which is regulated under the Medical Waste Management Act (Health and Saf. Code § 117600 et seq.).

14. Automobiles, auto parts, boats and boat parts.

15. Universal waste, as defined in PHMC § 13.10.020.

(Formerly 13.10.080; 1991 code § 12-2.6; Ord. 775 § 1, 2003; Ord. 950 § 1 (Exh. 1), 2021)

A franchisee providing single-family, commercial, or industrial organic waste collection service to generators within the city shall meet the following requirements and standards in connection with the SB 1383 regulations and the collection of organic waste:

A. Through written notice to the city annually identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials and source separated organic waste.

B. Transport source separated recyclable materials to a facility that recycles those materials and transport source separated organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR division 7, chapter 12, article 2.

C. Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR section 18989.1.

(Ord. 950 § 1 (Exh. 1), 2021)

A. The city manager, designated enforcement agency, or franchisee is authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws. This may include inspections and investigations, at random or otherwise, of any collection container, collection vehicle load, or transfer, processing, or disposal facility to confirm compliance with this chapter, subject to applicable laws. This section does not allow entry in a private residential dwelling unit for inspection. For the purposes of inspecting commercial business containers for compliance, the franchisee or enforcement agency may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring.

B. A person subject to the requirements of this chapter shall provide or arrange for access during all inspections (with the exception of a private residential dwelling unit) and shall cooperate with the franchisee or enforcement agency during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter. Failure to provide or arrange for: (1) access to the premises; (2) installation and operation of remote monitoring equipment, if a remote monitoring program is adopted; or (3) access to records for any inspection or investigation is a violation of this chapter and may result in penalties.

C. Any records obtained by the city manager, designated enforcement agency or franchisee during inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code section 6250 et seq.

D. The city manager, designated enforcement agency, or franchisee shall accept written complaints from persons regarding an entity that may be potentially noncompliant with this chapter.

(Ord. 950 § 1 (Exh. 1), 2021)

A. Violation of any provision of this chapter will be grounds for issuance of a notice of violation and, with the exception of the violation of prohibited container contaminants, assessment of an administrative citation and penalty by the city manager or enforcement agency.

B. Enforcement actions under this chapter shall include the issuance of an administrative citation and assessment of a fine. The city's procedures on imposition of administrative citations and fines as contained in PHMC Chapter 1.35 shall govern the imposition, enforcement, collection, and review of administrative citations and fines issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter. Any section of this chapter may be enforced by the city of Pleasant Hill, or, if agreed to, by its designated enforcement agency.

C. A violation may be punishable by:

1. A fine in the amount of $100.00 for a first violation;

2. A fine in the amount of $200.00 for a second violation of the same provision of this code within any 12-consecutive-month period;

3. A fine in the amount of $500.00 for each additional violation of the same provision of this code within any 12-consecutive-month period. Any citation issued after the issuance of a third citation or violation of the same provision of this code within any 12-consecutive-month period may be charged as a misdemeanor pursuant to the provisions of PHMC § 1.30.010.

D. The city manager or designated enforcement agency may issue a notice of violation requiring compliance within 60 days of the notice.

E. Absent compliance by the respondent within the deadline set forth in the notice of violation, the city manager or designated enforcement agency shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the city's standard procedures or the standard procedures of its designed enforcement agency.

F. Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction.

(Ord. 950 § 1 (Exh. 1), 2021)