Pomona Municipal Code Div. 1 Generally

Unless apparent from the context of a word or phrase, certain words not specifically set forth by this article shall have the meaning ascribed by Public Resources Code div. 30, pt. 1, ch. 2 (Public Resources Code § 40100 et seq.). The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

AB 939 means the California Integrated Waste Management Act of 1989 (Public Resources Code § 40000 et seq.) and implementing regulations of the state integrated waste management board (CIWMB).

Bin and container mean those containers, whether residential, multifamily residential, commercial, industrial, or institutional, provided for temporary accumulation and collection of solid waste from all premises located within the city. Bins include, but are not limited to, solid waste containers with capacity of at least 11/2 cubic yards, compactor devices and roll-off service containers.

Black container has the same meaning as "gray container" in 14 CCR section 18982(a)(28) and shall be used for the purpose of storage and collection of black container waste.

Black container waste means solid waste that is collected in a black container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the black container as specified in 14 CCR sections 18984.1(a) and (b), or as otherwise defined in 14 CCR section 17402(a)(6.5).

Blue container has the same meaning as in 14 CCR section 18982(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste.

Bulky goods means any discarded household furniture, furnishings or appliances, including white goods; automobile parts, including tires; rock or brick in reusable form; carpets; mattresses; large branches; trunks; stumps or limbs of trees in bundles exceeding 18 inches in diameter or four feet in length; and other items of such size or weight or which preclude or may potentially complicate the handling of such material during the normal course of collection, processing or disposal of such stated material.

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

CalRecycle means California's department of resources recycling and recovery and its successor.

C&D means construction and demolition debris.

CERCLA means the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC 9607(e).

City enforcement official means the city manager or their authorized designee(s) who is/are partially or wholly responsible for enforcing the article.

Commercial business or commercial 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, or as otherwise defined in 14 CCR section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this article.

Commercial edible food generator means a tier one or a tier two commercial edible food generator as defined in this article or as otherwise defined in 14 CCR section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR section 18982(a)(7).

Commercial, industrial, institutional or multifamily establishment means all premises in the city, other than residential establishments, whereby solid waste may be generated or allowed to accumulate. For the purpose of this article, the term "multifamily" refers to all residential establishments consisting of five or more units on any specified residentially zoned parcel in accordance with this Code.

Commercial, industrial, institutional, multifamily solid waste services means the collection, transportation, storage, transfer, or processing of solid waste or recyclable solid waste or green waste for commercial, industrial, or institutional or multifamily users customers, patrons, or residents.

Community composting means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR section 17855(a)(4); or, as otherwise defined by 14 CCR section 18982(a)(8).

Compliance review means a review of records by the city to determine compliance with this article.

Compost means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility or as otherwise defined in 14 CCR 17896.2(a)(4).

Compostable plastics or compostable plastic means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

Container contamination or contaminated container means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR section 18982(a)(55).

Customer means and includes any person and/or member of any multifamily residential dwelling, commercial, industrial, or institutional establishment who receives the benefit of solid waste services provided by the franchisee or the city which are subject to this article. The term "customer" is also inferred to mean any person who may receive a billing statement or invoice from an authorized solid waste enterprise or franchisee for the payment of services rendered by such solid waste enterprise or franchisee.

Customer-owned container means any container owned by the customer, other than a mechanized container, which shall have a capacity of no greater than 33 gallons and shall weigh no more than 40 pounds when filled or partially filled.

Designated source separated organic waste facility, as defined in 14 CCR section 18982(14.5), means a solid waste facility that accepts a source separated organic waste collection stream as defined in 14 CCR section 17402(a)(26.6) and complies with one of the following:

(1) The facility is a "transfer/processor," as defined in 14 CCR section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR section 18815.5(d), and meets or exceeds an annual average source separated organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 as calculated pursuant to 14 CCR section 18815.5(f) for organic waste received from the source separated organic waste collection stream.

a. If a transfer/processor has an annual average source separated organic content recovery rate lower than the rate required in paragraph 1 of this definition for two consecutive reporting periods, or three reporting periods within three years, the facility shall not qualify as a "designated source separated organic waste facility".

(2) The facility is a "composting operation" or "composting facility" as defined in 14 CCR section 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is organic waste is less than the percent specified in 14 CCR section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR section 17896.5.

a. If the percent of the material removed for landfill disposal that is organic waste is more than the percent specified in 14 CCR section 17409.5.8(c)(2) or 17409.5.8(c)(3), for two consecutive reporting periods, or three reporting periods within three years, the facility shall not qualify as a "designated source separated organic waste facility." For the purposes of this article, the reporting periods shall be consistent with those defined in 14 CCR section 18815.2(a)(49).

Designee means an entity that the city contracts with or otherwise arranges to carry out any of its responsibilities of this article as authorized in 14 CCR section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

Edible food means food intended for human consumption, or as otherwise defined in 14 CCR section 18982(a)(18). For the purposes of this article 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 article or in 14 CCR, division 7, chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

Enforcement action means an action of the city to address non-compliance with this article including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

Excluded waste means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city 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 article, 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 city's, or its designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with sections 41500 and 41802 of the California Public Resources Code. 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 or customer has properly placed the materials for collection pursuant to instructions provided by city or its designee for collection services.

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 facility has the same meaning as in section 113789 of the Health and Safety Code.

Food recovery means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR section 18982(a)(24).

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:

(1) A food bank as defined in section 113783 of the Health and Safety Code;

(2) A nonprofit charitable organization as defined in section 113841 of the Health and Safety code; and,

(3) A nonprofit charitable temporary food facility as defined in section 113842 of the Health and Safety Code.

A food recovery organization is not a commercial edible food generator for the purposes of this article and implementation of 14 CCR, division 7, chapter 12 pursuant to 14 CCR section 18982(a)(7).

If the definition in 14 CCR section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR section 18982(a)(25) shall apply to this article.

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 for the purposes of this article and implementation of 14 CCR, division 7, chapter 12 pursuant to 14 CCR section 18982(a)(7).

Food scraps means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.

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-soiled paper means a compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

Food waste means food scraps, food-soiled paper, and compostable plastics.

Franchise means the right of a person to make arrangements for the collection and transportation of solid waste and recyclable material to landfills, transformation facilities, material recovery facilities or other licensed solid waste management facilities and/or the ability to extricate recyclable material from all solid waste, including recyclable solid waste and green waste, or composting material. Any franchise is subject to all of the sections set forth in this Code and/or any right held by any other solid waste enterprise which may hold rights pursuant to the Public Resources Code.

Franchise fee means the amount payable by the franchisee to the city in accordance with the provisions established by resolution or an executed franchise agreement in consideration of the rights and privileges conferred by the franchisee under an executed franchise agreement authorized by the city council.

Franchisee means any solid waste enterprise duly authorized under the terms and conditions of this Code to provide solid waste collection services within the city, whether such services comprise residential, commercial, industrial or institutional solid waste.

Green container has the same meaning as in 14 CCR section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.

Green waste means leaves, grass clippings, brush and branches generated from landscapes or gardens, separated from other solid waste. Green waste includes holiday trees placed out for collection by persons residing or conducting business within the city limits, but does not include tree stumps or branches or shrubbery exceeding four inches in diameter or four feet in length or weighing in excess of 40 pounds nor shall it include palm fronds and succulents.

Grocery store means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR section 18982(a)(30).

Hauler route means the designated itinerary or sequence of stops for each segment of the city's collection service area, or as otherwise defined in 14 CCR section 18982(a)(31.5).

Hazardous waste means any waste or combination of wastes which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious or irreversible illness or incapacity or any substance which poses a substantial hazardous threat to human health or the environment. Materials or mixture of wastes which have been defined as "hazardous substances" or "hazardous wastes" pursuant to the Resource Conservation and Recovery Act (RCRA), 42 USC 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 USC 96-1 et seq., as either may be amended from time to time, or any substance which may be defined by the state integrated waste management board. Should a discrepancy arise between two or more entities having jurisdiction in this matter as to the definition set forth, the definition having the more encompassing meaning of the term "hazardous waste" shall prevail.

High diversion organic waste processing facility means a facility that is in compliance with the reporting requirements of 14 CCR section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR section 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR section 17402(a)(11.5); or, as otherwise defined in 14 CCR section 18982(a)(33).

Inspection means a site visit where the city reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this article, or as otherwise defined in 14 CCR section 18982(a)(35).

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. If the definition in 14 CCR section 18982(a)(38) differs from this definition, the definition in 14 CCR section 18982(a)(38) shall apply to this article.

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. For purposes of this article 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 article and implementation of 14 CCR, division 7, chapter 12, 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. If the definition in 14 CCR section 18982(a)(39) differs from this definition, the definition in 14 CCR section 18982(a)(39) shall apply to this article.

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).

Material recovery facility (MRF) means any facility for which the separation of commingled recyclable materials into various components is conducted, either manually or by mechanized processes, or which extracts recyclable material from refuse for the purpose of returning that material to the economic mainstream.

Mechanized container means any container provided to a qualified residential customer by the city for which the contents thereof are capable of being emptied by mechanical means.

Mixed waste organic collection stream or mixed waste means organic waste collected in a container that is required by 14 CCR sections 18984.1, 18984.2 or 18984.3 to be taken to a high diversion organic waste processing facility or as otherwise defined in 14 CCR section 17402(a)(11.5)

Multi-family residential dwelling or multi-family means of, from, or pertaining to residential premises with five or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

Non-compostable paper means, includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR section 18982(a)(41).

Non-local entity means the following entities that are not subject to the city's enforcement authority, or as otherwise defined in 14 CCR section 18982(a)(42):

(1) Public universities (including community colleges) located within the boundaries of the city, including California State University, Pomona.

(2) County fairgrounds located within the boundaries of the city, including Los Angeles County fairgrounds.

(3) State agencies located within the boundaries of the city.

Non-organic recyclables means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR section 18982(a)(43).

Nonseparated solid waste means that solid waste or recyclable material which has not been source separated by the customer into individual components (i.e., paper, metals, glass, plastics, inert solids and other solids).

Notice of violation (NOV) means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR section 18982(a)(45) or further explained in 14 CCR section 18995.4.

Organic waste means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and 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). Biosolids and digestate are as defined by 14 CCR section 18982(a).

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 section 18982(a)(48).

Paper products include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR section 18982(a)(51).

Printing and writing papers include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR section 18982(a)(54).

Person means an individual, corporation, property owner, occupant, tenant or any other entity or enterprise.

Processing stations and facilities means those facilities utilized to receive solid wastes; to temporarily store, separate, convert, or otherwise process the materials in the solid waste; or to transfer the solid waste directly from smaller to larger vehicles for transport, and those facilities utilized for transformation.

Prohibited container contaminants means:

(1) Three-container or three-plus-container collection service (blue container, green container, and black containers): Prohibited container contaminants means the following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city's blue container; (ii) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city's green container; (iii) discarded materials placed in the black container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in city's green container and/or blue container; and, (iv) excluded waste placed in any container.

(2) Two-container (green/gray or black) collection service for source separated green container organic waste and mixed materials): Prohibited container contaminants means the following: (i) discarded materials placed in a green container that are not identified as acceptable source separated green container organic waste for the city's green container; (ii) discarded materials placed in the gray or black container that are identified as acceptable source separated green container organic waste, which are to be separately collected in city's green container; and, (iii) excluded waste placed in any container.

(3) Two-container (blue/gray or black) collection service for source separated recyclable materials and mixed materials): Prohibited container contaminants means the following: (i) discarded materials placed in a blue container that are not identified as acceptable source separated recyclable materials for city's blue container; (ii) discarded materials placed in the gray or black container that are identified as acceptable source separated recyclable materials, which are to be separately collected in city's blue container; and, (iii) excluded waste placed in any container.

(4) One-container collection service: Prohibited container contaminants means excluded waste placed in any container.

Recovery means any activity or process described in 14 CCR section 18983.1(b), or as otherwise defined in 14 CCR section 18982(a)(49).

Regional agency means regional agency as defined in Public Resources Code section 40181.

Regional or county agency enforcement official means a regional or county agency enforcement official, designated by the city with responsibility for enforcing the article in conjunction or consultation with city enforcement official.

Recyclable material means any material or commodity which is no longer useful or wanted and has the potential of being reused or processed into a form suitable for reuse through processing and/or remanufacture or which is sold for compensation, traded, or given away, but which has not been discarded into the nonseparated waste stream.

Recyclable solid waste means any recyclable material, which has been source separated before being discarded into any solid waste stream. Recyclable solid waste is a part of any waste stream which can be reused, recycled, or processed into a form suitable for reuse through reprocessing or remanufacture.

Recycle means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste and returning them to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code § 40201.

Case Law reference— Similar provisions, Public Resources Code § 40180.

Recycling bin and recycling container mean any container or bin utilized for the temporary accumulation and collection of source separated recyclable solid wastes. This also includes commercial bins or any other containers designated for the collection and temporary accumulation of recyclable solid wastes.

Remote monitoring means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and black containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

Residential establishment means and includes every lot in the city upon which is situated four dwelling units or less, including planned development projects, and any other parcel which has been improved with a so-called duplex or triplex residential dwelling unit designated and used as living quarters by human beings. Residential establishments do not include hotels, motels, lodge halls, clubs, tourist camps, trailer camps, churches, business and industrial establishments, or any lot containing more than four dwelling units or upon which commercial or industrial occupation is conducted.

Restaurant means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR section 18982(a)(64).

Roll-off service means those commercial bins or containers supplied by a solid waste enterprise for the temporary accumulation of solid waste resulting from temporary activities on any premises, such as the demolition or construction of a building.

Route review means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR section 18982(a)(65).

SB 1383 means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added chapter 13.1 (commencing with section 42652) to part 3 of division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

SB 1383 regulations or SB 1383 regulatory means or refers to, for the purposes of this article, the short-lived climate pollutants: Organic waste reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, division 7, chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

Scavenging means the unauthorized removal of recyclable material or any other commodity designated by the city to have recyclable properties or value by any person, individual, business, or solid waste entity other than those authorized by the city or established in accordance with this Code.

Self-haul means the collection, transportation and disposal of residential solid waste generated by a customer's own residential establishment by such customer who is not engaged in the business of residential, commercial, industrial, or institutional solid waste collection services.

Self-hauler means a person, who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR section 18982(a)(66). Back-haul 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 units.

Solid waste has the same meaning as defined in State 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, demolition and construction wastes, 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 semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

(1) Hazardous waste, as defined in the State Public Resources Code section 40141.

(2) Radioactive waste regulated pursuant to the State Radiation Control Law (chapter 8 (commencing with section 114960) of part 9 of division 104 of the State Health and Safety Code).

(3) Medical waste regulated pursuant to the State Medical Waste Management Act (part 14 (commencing with section 117600) of division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to division 30 of the State Public Resources Code.

Solid waste enterprise means any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing solid waste handling or recycling services.

Source separated means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR section 17402.5(b)(4). For the purposes of the article, source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from black container waste/mixed waste or other solid waste for the purposes of collection and processing.

Source separated blue container organic waste means source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and non-organic recyclables as defined in section 18982(a)(43), or as otherwise defined by section 17402(a)(18.7).

Source separated green container organic waste means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, non-compostable paper, and textiles.

Source separated recyclable materials means source separated non-organic recyclables and source separated blue container organic waste.

Special waste means any item or element of solid waste identified in 22 CCR § 66740 or any other waste which has been classified as special waste by resolution of the city council.

SRRE means the source reduction and recycling element, including the household hazardous waste element (HHWE), as adopted and amended by the city in conformance with AB 939.

State means the State of California.

Supermarket means a full-line, self-service retail store with gross annual sales of $2,000,000, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR section 18982(a)(71).

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

(1) Supermarket.

(2) Grocery store with a total facility size equal to or greater than 10,000 square feet.

(3) Food service provider.

(4) Food distributor.

(5) Wholesale food vendor.

If the definition in 14 CCR section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR section 18982(a)(73) shall apply to this article.

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

(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

(2) Hotel with an on-site food facility and 200 or more rooms.

(3) Health facility with an on-site food facility and 100 or more beds.

(4) Large venue.

(5) Large event.

(6) 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.

(7) A local education agency facility with an on-site food facility.

If the definition in 14 CCR section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR section 18982(a)(74) shall apply to this article.

Transfer facilities means those facilities utilized to receive solid wastes, to temporarily store or separate the materials in the solid waste, or to transfer the solid waste directly from smaller to larger vehicles for transport, and those facilities utilized for transformation

Uncontainerized green waste and yard waste collection service or uncontainerized service means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator's house or place of business for collection and transport to a facility that recovers source separated organic waste, or as otherwise defined in 14 CCR section 189852(a)(75).

Vehicle means any truck, trailer, or other conveyance or equipment used to collect, haul or transport solid waste, hazardous waste, recyclable material, or recyclable solid waste.

Waste stream means any solid waste or other material which has been entered into a process whereby its ultimate disposition results in depositing it into a certified landfill or other lawfully permitted facility.

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 189852(a)(76).

(Code 1959, § 12-2; Ord. No. 3884, § 1 (part); Ord. No. 4304, § 1, 8-2-2021)

Cross reference— Definitions generally, § 1-2.

It is understood the collection, disposal, and/or diversion of solid waste and recyclable material generated is a matter which requires regulation by the city in such a manner as set forth in this article to protect the public health, safety and welfare of the citizens of the city. Unless otherwise specified by reference, the sections set forth in this article shall be applicable to all solid waste franchises.

(Code 1959, § 12-1; Ord. No. 3884, § 1 (part))

The city council may authorize one or more authorized haulers/franchisees to make arrangements with service recipients for the collection, transfer, recycling, composting, and disposal of solid wastes within and throughout the city.

(Ord. No. 4331, § 1, 6-5-2023)

Editor's note— Ord. No. 4331, § 1, adopted June 5, 2023, repealed the former § 62-583, and enacted a new § 62-583 as set out herein. The former § 62-583 pertained to similar subject matter and derived from the Code of 1959, § 12-3; and Ord. No. 3884, § 1 (part))

No person owning or occupying any premises within the city shall keep or accumulate any solid waste or recyclable material which is putrid or offensive, a fire hazard or a health menace. No person owning, leasing, acting as an agent for or occupying any premises in the city shall fail, refuse, or neglect to keep such lot or parcel of land or any building situated thereon in a clean, wholesome, and sanitary condition; and no such person shall permit any accumulation of manure, garbage, offal, solid waste, stagnant water or filthy or offensive matter of any kind to be or remain upon such premises.

(Code 1959, § 12-4; Ord. No. 3884, § 1 (part))

No person, except the lawful solid waste enterprises, shall gather, collect, or transport solid waste or recyclable material within the city and exact charges for such services.

(Code 1959, § 12-71; Ord. No. 3884, § 1 (part))

No person or solid waste enterprise, other than the city, shall engage in the collection, carrying, conveyance or transportation of any solid waste or recyclable material from or at any location within the city limits without the expressed written consent of the city council by means of a franchise granted by the city council.

(Code 1959, § 12-5; Ord. No. 3884, § 1 (part))

Charter reference— Franchises, § 1301 et seq.

As part of any new, renewed, or amended contract, franchise, or license granted by the city, the city shall require all haulers of solid waste which operate within the city's incorporated area to implement and maintain a training program that will assist the solid waste enterprise's employees to identify and properly dispose of any hazardous waste that may come into their possession and further to require each solid waste enterprise to assist in the dissemination of such information to specified multifamily, commercial, industrial, and institutional sectors of the community. Each solid waste franchise shall reject any solid waste observed to be contaminated with hazardous substances. If such substances are observed each solid waste enterprise shall notify all agencies with jurisdiction, if appropriate, of any hazardous substance present and/or released into the environment. Should a solid waste enterprise encounter any solid waste which may be contaminated, the city shall use reasonable diligence to enforce all applicable laws and regulations pertaining to the disposal of hazardous waste that may be included in waste disposed.

(Code 1959, § 12-36; Ord. No. 3884, § 1 (part))

Every solid waste enterprise collecting, hauling, carrying, or transporting solid waste within the city's jurisdictional boundaries shall maintain records showing the types and quantities, if any, of hazardous waste found in solid waste which was inadvertently collected from solid waste service recipients within the city, but diverted from landfilling.

(Code 1959, § 12-37; Ord. No. 3884, § 1 (part))

Should the city determine that to protect the health, safety, and well-being of the community against the dangers or potential dangers of hazardous materials, the city reserves the right to establish a hazardous materials fund. Should the enactment of such a fund become imperative, upon the enactment of a resolution of the city council establishing such a fund, the city may at the discretion and approval of the city council establish the parameters and any potential associated charges.

(Code 1959, § 12-38; Ord. No. 3884, § 1 (part))

(a) It is unlawful to deposit solid waste within or upon another person's property or to use another person's container or bin for solid waste not attributable to the property upon which placement is based pursuant to this article.

(b) No person shall deposit refuse upon any public street, alley, vacant lot or upon any premises within the city, public or private.

(Code 1959, §§ 12-6, 12-72; Ord. No. 3884, § 1 (part))

State Law reference— Littering, Penal Code § 374 et seq.

No person shall transport garbage, recyclables, scrap metal, leaves, trimmings, loose paper or any refuse over city streets, sidewalks, highways, alleys, parking areas and other areas open to the public unless such refuse is:

(1) Covered and secured to avoid spillage on the street, sidewalk, highway, alley, parking area or other area open to the public; or

(2) In a fully enclosed container.

This section shall not apply to the transport of such items for a distance less than 100 feet to a motor vehicle or refuse container for transport.

(Code 1959, § 12-14; Ord. No. 3884, § 1 (part); Ord. No. 4098, § 1, 3-17-2008)

Cross reference— Streets, sidewalks and other public places, ch. 46.

State Law reference— Litter from vehicles, Vehicle Code § 23111 et seq.

It is unlawful for any person to deposit or bury or cause or permit to be deposited or buried, within the city, any solid waste upon any premises, public or private, unless empowered by state and local authorities to do so.

(Code 1959, § 12-70; Ord. No. 3884, § 1 (part))

(a) No person shall rummage through, scavenge or remove any material from any trash receptacle, trash dumpster, or other solid waste or recyclable material container which:

(1) Is stored on residential use private property (four or fewer dwelling units) pending collection for disposal or recycling;

(2) Has been placed at the adjacent curb or side of any public street for residential or household trash collection for disposal or recycling; or

(3) For purposes of this chapter, the term scavenging shall include entering into, accessing, or otherwise invading any trash receptacle, trash dumpster or other solid waste or recycling material container, whether or not any material, item, or property is removed.

Such prohibition shall not extend to the owner or tenant of such property or an authorized recycling agent or a solid waste enterprise operating pursuant to an agreement with the city.

(b) No person shall rummage through, scavenge or remove any material from any trash receptacle, trash dumpster, or other solid waste or recyclable material container which:

(1) Is stored on any private property improved with a multiple-family dwelling structure (five or more dwelling units), business use structure, commercial use structure, institutional use structure, or an industrial use structure pending collection for disposal or recycling; or

(2) Has been placed on private property or public street or right-of-way for trash collection, disposal or recycling.

Such prohibition shall not extend to the owner or tenant of such property or an authorized recycling agent or a solid waste enterprise validly operating in the city pursuant to this Code.

(c) No person shall rummage through, scavenge or remove any oversized item or material placed for special collection on any public property or on private property adjacent to the curb or side of any public street for collection for disposal or recycling by city personnel or any agent of the city for collection.

(d) No person shall rummage through, scavenge or remove any material from any trash receptacle, trash dumpster, or other solid waste or recyclable material container intended for public use, regardless of location. Such prohibition shall not extend to city employees acting within their employment duties or an agent of the city acting within their agency.

(e) Nothing in this section, or its application to any person or circumstance, is intended to extend or afford any expectation of privacy to any material placed in any receptacle, trash dumpster, or other waste or recyclable material container.

(f) No person shall have in his or her possession any shopping cart or other similar device which contains any materials which have been removed from a trash or recyclable receptacle in violation of the prohibitions of this chapter.

(Code 1959, § 12-73; Ord. No. 3884, § 1 (part); Ord. No. 4098, § 2, 3-17-2008)

It is unlawful for any property owner or occupant to allow solid waste and debris to be scattered or accumulate upon the public right-of-way abutting his property.

(Code 1959, § 12-74; Ord. No. 3884, § 1 (part))

To meet the requirements of the established disposal reporting requirements, commingling of solid waste materials collected within the city with solid waste collected from outside of city is prohibited. To assist the solid waste enterprise to comply with this section as well as other sections of this article and to protect the load integrity requirements established under this section, the city shall allow for the provision of utilizing public and/or private scales for the weight determination of partial refuse loads collected solely within the city limits. For the purpose of this section, onboard vehicle scales shall be considered as an acceptable alternative for the load integrity requirements of this section, provided that such vehicle scales possess the ability to be calibrated. Onboard scales meeting the requirements of this section shall be annually calibrated to meet the manufacturer's specifications. The city reserves the right to inspect a solid waste enterprise's calibration procedures and records upon reasonable advanced notice. The city further reserves the right to inspect or cause the inspection and verification of such onboard scales and all applicable calibration standards and measures associated with such.

(Code 1959, § 12-76; Ord. No. 3884, § 1 (part))